Beard v. Melvin

Appeal from a judgment in favor of defendant made on plaintiff’s failure to amend his second amended complaint after order sustaining defendant’s demurrer thereto.

Plaintiff’s second amended complaint alleges that on February 14, 1940, Alice Melvin died testate, possessed of real and personal property; that her will was duly admitted to probate and that defendant Herbert Carroll Melvin became the administrator with the will annexed of the estate of said decedent; that plaintiff is a son of said Alice Melvin and was, by her said will, given a one-third interest in certain real property…