Manka v. Martin Metal Manufacturing Co.

The opinion of the court was delivered by

Thiele, J.:

Defendants’ demurrer to plaintiff’s petition was overruled, and they appeal, the question presented being whether the alleged cause of action is barred by the statute of limitations.

The petition was filed on June 28, 1940, and allegations necessary to be noted are summarized.

F. W. Martin died in June, 1935, leaving a last will which was duly admitted to probate on June 26, 1935, and Thomas W. Martin and George Martin, brothers of F. W. Martin, and Bernice B. Martin, his widow, were appointed as executors. On July 21, 1936, George W. Martin…