Pitzer

This is an appeal from an order dismissing appellant’s (hereinafter plaintiff) action for wrongful death following the sustaining by the trial court of respondent’s (hereinafter defendant) general demurrer to plaintiff’s complaint. A judgment sustaining the demurrer without leave to amend was entered subsequent to entry of the order of dismissal.

„ Facts

The complaint in the superior court alleged the wrongful death of a minor, Ryan Pitzer. Donald Pitzer, the plaintiff, is the executor of the decedent’s estate. The minor died on April 4, 1978, allegedly as a result of his mother’s following instructions in a book concerning the care and feeding of infants. The book in question had been written and published by the defendant’s decedent, Adelle Davis Sieglinger. Defendant is the executor of the estate of Adelle Davis Sieglinger. Mrs. Sieglinger died on May 31, 1974, and notice to creditors was duly published in July of 1974. The time for filing claims against the estate terminated prior to the end of 1974. The estate of Adelle Davis Sieglinger is still pending in the trial court, and no petition for final distribution has been noticed.

Defendant’s demurrer to the…