Wisler v. Tomb

Defendant demurred generally and specially to plaintiff’s second amended complaint. The demurrer was sustained, plaintiff refused to amend and judgment for defendant was entered accordingly. This appeal is taken by plaintiff from said judgment.

Plaintiff averred in his unverified complaint that he was the duly appointed, acting, and qualified trustee of the trust estate of Thomas Tomb Harbeson, a minor. He sued as such trustee and sought judgment against defendant in her capacity as executrix of the last will of Thomas B. Tomb, deceased. According to the allegations of the complaint the…