Hughes v. Hughes
Indiana Court of Appeals
From Marion Circuit Court; H. C. Allen, Judge. Proceeding by Anna D. Hughes, individually, and as executrix, against Daniel G. Hughes and others for the construction of a will. From a judgment overruling demurrer to complaint, defendants appeal.
1Opinion of the CourtRoby, C. J.
The plaintiffs in this ease were “Anna D. Hughes in her own right” and “Anna D. Hughes as executrix of the last will and testament of Samuel D. Delzell, deceased.” The appellants demurred to the complaint for want of facts. Their demurrers were overruled, and an exception reserved. Declining to plead further a decree was entered against them. No exception was taken to the decree rendered. No motion to modify it or for a new trial was made.
Treating the action as one to obtain the construction of a will, it follows that if the complaint states sufficient facts *592to entitle the plaintiffs to a…
2Cases cited24 opinions
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Brumfield v. DrookIndiana Supreme Court · 1885
- McIntosh v. ZaringIndiana Supreme Court · 1898
- Armstrong v. DunnIndiana Supreme Court · 1895
- Minkler v. SimonsIllinois Supreme Court · 1898
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3Cited by3 opinions
- Foudray v. FoudrayIndiana Court of Appeals · 1909
- Phillips v. HeldtIndiana Court of Appeals · 1904
- Shriver v. MontgomeryIndiana Supreme Court · 1914