Caldwell v. Taylor

This is an appeal by plaintiff from a judgment of -dismissal based upon an order sustaining demurrers filed by defendants to plaintiff’s second amended complaint without leave to amend.

By this suit in equity, plaintiff, the only son and heir of Perry Moore Caldwell, seeks to have a beneficiary named in his will as Leonorc Fisher Caldwell declared an involuntary trustee for the use and benefit of plaintiff, of the property devised and bequeathed to her, upon the ground that said will was procured by fraud exerted upon the testator by the beneficiary, his supposed wife. Faced at the outset by a…