Smith v. Fitch

Joseph B. Smith, as guardian ad litem of William S. Smith, a minor, instituted an action against Henry M. Fitch, as executor of the estate of Matilda F. Fitch, deceased; and at the same time Mr. Smith, as guardian of the person and estate of Emilyn E. Smith, a minor, instituted another action against such executor. We shall hereinafter refer to the action brought on behalf of William S. Smith as the William Smith cause of action, and to the other suit as the Emilyn Smith action. Both actions were commenced about June 14, 1945.

The complaints in both actions were undoubtedly based on the theory…