Lewis v. Patterson

Bell, Justice.

Only the general grounds of the demurrer were argued in this court, and only three contentions based thereon are presented for our consideration. It is our opinion that all of them are without merit. The first contention is that the petition as .amended does not show that the executor of J. M. Patterson assented to the legacy on which the plaintiffs predicated their alleged cause of action. It appears from the petition that J. M. Patterson, the testator, died on September 1, 1925, and that his will was duly probated. . The date of probate, however, does not appear, nor was it…