Montgomery v. Montgomery

MERRILL, Justice.

This is an appeal from an interlocutory decree overruling demurrer to a substitute bill, hereinafter referred to as the bill. The complainant is Hattie Pearl Montgomery, a non compos mentis, suing by her guardian, and the respondents are Elaine M. Montgomery, who is sued individually and as administratrix of the estate of William T. Montgomery, deceased, and Gennie Taylor, the sole surviving heir of Henry T. Montgomery, deceased, who was a brother of said William T. Montgomery. Gennie Taylor does not join in this appeal.

The bill avers that Hattie Pearl Montgomery is the legal…