Leask v. McCarty

The sufficiency of the complaint is challenged upon demurrer. I am of the opinion, however, that the objection is not well taken and that both the remedy and forum were properly selected by plaintiffs to obtain the necessary relief. The plaintiffs, as executors, charge, among other things, that, on October 19, 1907, they paid to the defendant, on account of her share in the testator’s residuary estate, the sum of $18,700.70 in cash, and by delivering to her five notes, each for $1,000, and each payable one day after date, which she executed to the testator in *566his lifetime, and which came into…