Cheshire v. First Presbyterian Church

This case was here at Fall Term, 1941, and is reported in 220 N. C., 393. On that appeal it was held that the demurrer, interposed by the defendant Hartshorn on the ground of the incapacity of plaintiff to sue and the absence of proper parties plaintiff, could not be sustained for the reason that the defects alleged did not appear on the face of the complaint. This defendant has now answered setting out the facts upon which these pleas are based, and the plaintiff has replied. The following pertinent facts appear from these pleadings.

Laura F. Cosby died in 1919, leaving a last will and…