Darby v. Green

The plaintiff, as the -widow of A. C. Darby and as next friend of her minor children, filed an equitable petition against L. D. Green, executor of the will of A. C. Darby. The defendant filed general and special demurrers, and answered. The court sustained the demurrers and dismissed the petition. The exception is to that judgment. Upon the hearing the plaintiff presented a lengthy affidavit setting forth certain matters in regard to the conduct and unfitness of the defendant; but since upon demurrer there can be no adjudication as to anything outside of the petition, the contents of the…