Erwin v. Mark

This is an appeal from a judgment of dismissal and for costs entered in favor of defendants after a demurrer to plaintiff’s complaint was sustained. The only question before us is whether the complaint states facts sufficient to constitute a cause of action. The important facts alleged are these:

Maggie Courtney died at Dillon on August 1, 1930, leaving real and personal property worth approximately $20,000. On September 2 thereafter a document purporting to be her last will and testament was admitted to probate and letters were issued to Chris Snyder, the executor named in the purported will;…