Oliver

The action was to quiet title, and the court below sustained a general demurrer to the complaint, interposed by J. E. Oliver, "as administrator, etc., and dismissed the action as to all the defendants. Prom this judgment of dismissal the plaintiff appeals.

The allegations of the complaint are substantially as follows : That on the twenty-seventh day of March, 1892, Charles Sperry was the owner of the real property involved, and on or about that date died testate; that thereafter his will was admitted to probate, and thereafter, after proper notice given and proceedings had, a decree of distribution in the matter of the estate of said Charles Sperry, deceased, was entered, under and by virtue of the terms of which it was provided “that there be and hereby is distributed to the said Lydia J. Sperry, for and during the natural term of her life, and upon her death the remainder to Prank Sperry and Harriet A. Miller, nee Sperry, forever, said remainder to be held by said Prank Sperry and Harriet A. Miller from the time of the death of the said Lydia J. Sperry, as tenants in common, in equal proportions forever, of in and to all of the following described property, to wit”: (Here…