O'Brien v. Clarke

Wood, J. —

The appellee Hazel Clarke brought suit under the declaratory judgment act against the appellants and her co-appellees, seeking a construction of the last will and testament of Catherine Clarke, deceased. From a judgment construing the will in her favor the appellants prosecute this appeal, assigning as error for reversal, the overruling of their demurrer to appellee Hazel Clarke’s complaint for insufficiency of facts.

The allegations of the complaint necessary to be set out for the purpose of our inquiry may be summarized as follows: On July 2, 1914, Catherine Clarke executed her…