Stowe v. Smith

This is an appeal from the action of the trial court in granting a motion to strike the plaintiff’s substituted complaint.

The original complaint made the following allegations. The plaintiff’s mother instructed the defendant, an attorney at law, to prepare a will which would provide that one-half of her estate be held in trust for the plaintiff; that when the plaintiff attained the age of fifty the assets of the trust would be distributed to him; but that upon the plaintiff’s death prior to attaining the age of fifty, the assets of the trust would be distributed to the plaintiff’s issue. The…