Baldock

Appellants seek reversal of a judgment of dismissal entered after the trial court sustained, with leave to amend, respondent Howard C. Green’s demurrer to appellants’ third amended complaint upon the ground it did not state facts sufficient to constitute a cause of action. Appellants chose to stand on their complaint, and the dismissal followed.

In 1968 Minnie Bagley died testate, survived by her husband, James A. Bagley, a daughter, Frances Karol, and six grandchildren, five of whom are the appellants herein. James A. Bagley was appointed executor of her will, and he employed respondent, Howard C. Green, as his attorney. In due course the probate court approved the final account and decree of distribution, which was filed August 4, 1969, and the executor was discharged. The decree distributed the estate, consisting of cash in the sum of $16,985.57, to “James A. Bagley, widower. . .a life estate in the entire estate of decedent,” with one-half of the remainder interest to decedent’s daughter, Frances Karol, and one-half of the remainder interest to the six grandchildren in equal shares.

In 1971 James A. Bagley deposited the money in a savings account. Mr. Bagley named…