McCown v. Owens

WILLIAMS, Associate Justice.

The only question presented on this appeal which we find it necessary to consider is that arising from the action of the court below in sustaining a general demurrer to plaintiffs’ petition and dismissing the cause. The facts upon which our decision rests, as stated in the petition, are few. The appellants sued to obtain a construction of the will of Alexander McCown, deceased, and to recover one-half of the community estate of Alexander McCown and his wife, left at the death of the former, which plaintiffs claim under such will.

Alexander and Nancy McCown were…