Garrity v. Miller

This is an appeal from a judgment of dismissal after order made sustaining, without leave to amend, a demurrer to the second amended complaint. The plaintiffs are the sons and sole heirs of Elisa Jacob, deceased. By their complaint they sought the entry of a decree impressing a trust upon certain described real property, situate in Trinity County, title to which appeared in the names of Henry and John Jacob at the time of their respective deaths. The. respondent Miller, as administrator of the estate of each of said persons, interposed a demurrer, specifying, among other grounds, that the…