Ward v. Krhounek

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to recover on an executor’s bond. Defendants demurred to plaintiff’s petition, challenging the court’s jurisdiction, and invoking the principle of res judicata and the statute of limitations. This demurrer was sustained.

The material facts developed by the pleadings with exhibits attached were these: On May 13, 1930, John Dolezal of Republic county died testate. Two paragraphs of his will read:

“Fourth: In case my step-daughter, Anna Kozak, commonly known and called Anna Dolezal, shall survive me, then and in that case, I…