Abbott v. Abbott

This is an action at law, brought under the provisions of P. L. 2178, to recover money alleged to be held by the defendant in a fiduciary capacity. It comes before us on the plaintiff’s exception to the ruling of the trial court sustaining a demurrer to the complaint and entering judgment for the defendant.

The substance of the complaint is that the plaintiff and defendant are the only surviving next of kin of Russell C. Abbott, deceased; that the defendant is the duly appointed administratrix of his estate; that, as such administratrix, she brought an action for the benefit of herself and…