Smith v. Rizzuto

Plaintiff commenced this action against Frank Rizzuto, trustee under the last will of A. R. Rizzuto, deceased, to recover damages for injuries sustained when she slipped on some ice on the porch of an apartment house belonging to the trust estate. The trial court sustained a general demurrer to the petition and dismissed the action. Plaintiff appeals.

The petition alleges that A. R. Rizzuto died on January-11, 1934, leaving a will which contained the following provisions: “I devise and bequeath all my real and personal estate and effects unto my trustee, upon trust to sell, call in and convert…