Hargrave v. Gardner

The demurrer was sustained below on the theory that the facts alleged by plaintiff affirmatively show that the purported cause of action has not accrued and will not accrue until there has been a final judicial determination that the paper writing is not the last will and testament of Lillian E. Grady, that is, that the cause of action “is solely predicated upon a contingency which has not happened.” The action was dismissed. This result, if sustained, leaves plaintiff entoiled in a procedural snarl which may ultimately defeat his claim, assuming the claim is meritorious and he is entitled to…