Peck

A demurrer to plaintiff’s third amended complaint for the recovery of an unpaid stock subscription was sustained without leave to amend, and plaintiff has appealed from the judgment of dismissal thereafter entered.

The complaint contains two counts, the first of which, after alleging the corporate capacity of plaintiff, avers in substance that one Arthur R. Peck died on or about the 18th of September, 1927, leaving an estate in Los Angeles County, and leaving as his sole residuary legatees and devisees the defendants, “who heretofore have been duly and regularly appointed executors of the estate of said Arthur R. Peek, deceased, and are now the- duly appointed, qualified and acting executors of said estate” (italics ours); “that all interest of said Arthur R. Peck, deceased, in and to the stock and subscription agreement hereinafter mentioned is part of his residuary estate, and by the terms of his will passed to and is now the property of the defendants in equal shares”; that said Arthur R Peek, on or about March 19, 1920, agreed in writing to pay for and receive 333,333 shares of the capital stock of plaintiff corporation at one dollar per share, and that 252,210 shares were…