Spencer v. Crocker First National Bank

Appeal by plaintiffs from a judgment of the superior court on an order sustaining, without leave to amend, defendant’s demurrer—both general and special in form—to the second amended complaint. The court also granted defendant’s motion to strike such second amended complaint.

Wlule there are many questions raised, this appeal resolves itself mainly into the question—when legatees under a will claim fraud by the executor in the settlement of a contest against the estate, must their claim be made in the probate court?

Plaintiffs, eight in number, are beneficiaries under the will of Meta S. Healy,…