Hurst v. Hammel

The opinion of the court was delivered by

Hoch, J.:

This was an action to recover against an estate on a claim based on a contention that certain funds in the possession of the decedent for many years were impressed with a trust in favor of the plaintiffs. The administrator, defendant in the action, demurred to the petition. This appeal is from an order sustaining the demurrer. There were originally two plaintiffs, but one of them assigned his interest to the other, and the remaining plaintiff is the only appellant.

The petition, filed on April 24, 1940, alleged, in substance, that T. D.…