Wills

This is an action on a promissory note. A demurrer was sustained to the amended complaint, with leave granted to the plaintiff to file a second amended complaint within ten days. The plaintiff failed and refused to further amend his complaint within the time allowed, and judgment was thereupon entered in favor of the defendants dismissing the action. Prom the judgment so entered this appeal is taken.

The note in question was made and delivered by one A. M. Williams to the defendant Booth and I. C. Burleson, the latter deceased at the time of the commencement of this suit. The note was executed on the first day of July, 1902, for the sum of $5,000, payable six months after date, with interest at the rate of six per cent per annum. On the fourth day of January, 1903, two days after its maturity, the note was indorsed by the payees to the plaintiff. Burleson died on the 18th of October, 1903, and on the nineteenth day of January, 1904, his widow, one of the defendants herein, was duly appointed administratrix of his estate by the superior court of Siskiyou county. “On the 20th day of February, 1904, the inventory and appraisement of said estate was filed in said court, in which all…