Abels
Abels v. Frey
Opinion
Lead Opinion
Lamberson, J.
The appellants have taken this appeal from a judgment against them as plaintiffs, following an order of the trial court sustaining a demurrer of the respondent Elizabeth Yanier, and a separate demurrer of the other respondents to the second amended complaint of appellants, entered after the latter had declined to avail themselves of the order of the conrt granting them leave to amend their complaint, if so advised.
The second amended complaint sets forth in substance that one Catherine Leveroni died May 22, 1927, and was a resident of Alameda County at the time of her death; that she left a will dated February 5, 1927, in which she named her daughter, Ursula Mangini, executrix of her will; that the will was admitted to probate on June 13, 1927, and by it the testatrix gave all of her property to six children, including Ursula Mangini, who has since deceased, to be by them taken share and share alike; that Catherine Leveroni had in all, seven children, one of whom, Rose Leveroni, who was not named in the will, died about August 15, 1921; that six children survived her, one of whom, Richard Leveroni, died about May 15, 1926, leaving two children, William Leveroni and George…