Anderson

This is an appeal from a judgment entered pursuant to an order sustaining a demurrer to the complaint, the plaintiffs having declined to amend.

Concisely stated, the material allegations of the questioned pleading, assuming them for the purposes of the demurrer to be true, were substantially as follows: The defendant Roy M. Nelson was the son of Richard C. Nelson, who in his lifetime, and especially on or about March 15, 1922, was the owner of certain real and personal property; he was sixty-five years of age, and was suffering from kidney complaint and paralysis which partially disabled him, and rendered him bedfast and so enfeebled in mind that he was not competent to transact business; at that time he was informed that one Martha L. Hixon threatened to institute an action against him for damages upon the ground that he had failed to fulfill a promise of marriage; although Nelson contended that he had not promised to marry Martha L. Hixon, and that she had no cause of action against him, such threats made him nervous, distressed, and fearful, and increased his disability to transact business; prior thereto Nelson had married and was then living with the plaintiff Jennie Pierce…