Osborne v. Kington

The opinion of the court was delivered by

Allen, J.:

This action was one to cancel and set aside a will and a deed. The executor under the will filed a demurrer to the third amended petition on the ground that .several causes of action were improperly joined. The demurrer was sustained, and plaintiff has appealed from that ruling.

*315On December 17, 1936, one Clara B. Mills, who was the owner of real and personal property, executed a will under which the defendant, Bessie Kington, was chief beneficiary. On February 13, 1937, Clara B. Mills executed a deed purporting to convey to the same Bessie…