Leonard v. Browne

STURGIS, Judge.

This is an appeal from an order in chancery which, upon motion of certain defendants, finally dismissed the complaint herein for failure to state a cause of action.

It is elemental that in passing on such motion all well-pleaded ultimate facts alleged by the complaint are to be taken as true. On that premise, it is made to appear: Plaintiff is one of five children and devisees of J. H. Corbett and Dona Corbett, who died testate prior to the filing of the complaint, leaving substantial estates of inheritance to said children in equal shares, the same consisting of both real and…