England v. Winslow

This appeal is prosecuted by the plaintiff from a judgment of the superior court in favor of the defendant after entry of an order sustaining the defendant’s demurrer to the amended complaint. The facts upon which the plaintiff’s alleged right of action is founded as set forth in said amended complaint are briefly these: Sophia R. Winslow died testate on May 1, 1919. In her last will and testament Harry D. Skellinger and Mary D. England were named as executor and executrix respectively thereof. Said Skellinger failed to apply for letters testamentary but Mary D. England did so apply,…