Stoxen v. Stoxen

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This appeal arises from an order striking the plaintiffs amended complaint for failure to state a cause of action.

Plaintiff and deceased, Roy C. Stoxen, were married in August, 1924. In November, 1949, they separated but were never divorced. On January 13, 1970, Stoxen expired leaving a will which was admitted to probate. The will, except for a small charitable gift, named two defendants as the only legatees: Ida Basile, his housekeeper, and Charles Basile, her son, “who has resided in my (Stoxen) household for more than…