West v. Day Trust Co.

In this suit in equity the plaintiffs have appealed from an interlocutory decree which sustained both a demurrer to the plaintiffs’ bill and a plea setting up the statute of frauds, and from a final decree dismissing the bill. It is alleged in the bill that the plaintiffs Alice West, Mildred Richardson, and Jennie West Austin are nieces and, as such, heirs and next of kin of one Alonzo A. West of Malden who died on May 22, 1937. The plaintiff Ello E. Richardson is the husband of Mildred. West left a will which gave substantially all of his property to his widow Georgina B. West. Two nieces of…