McCarthy v. Fidelity National Bank & Trust Co.

BLAIR,-P. J.

Action in the Circuit Court of Jackson County to' contest the will of Mary Ann Grier. Two of the. respondents filed'and the trial court sustained separate demurrers to the amended petition oh'the ground' that it failed to state a cause of action and because of the failure to join necessary parties. Appellant refused to plead further, stood on his amended petition and suffered adverse judgment, from which he was granted an appeal to this court.

‘ 'Ffom the allegations of the amended petition, it appears that testatrix died in September, 1925, leaving appellant and respondent…