McOmie

The plaintiff brought this action to recover the sum of $794.38 which the complaint alleges was held by the defendants in trust for one Henry McOmie, father of the plaintiff here, who, at the time said money was deposited with said defendants and at the time of his death, was an inmate of the Veterans’ Home of California. The complaint alleges that the said defendants, as by the law required, are holding said sum of money until the same shall be “claimed by any heirs at law of said Henry McOmie, deceased” and that the plaintiff herein “is the only person entitled to share in any estate of said Henry McOmie, deceased, and as such is entitled to all of the moneys now held by said defendants in trust for the heirs at law of said Henry McOmie, deceased.” The date of the filing of the complaint is not made to appear. The summons, however, was served on the defendants on the ninth day of March, 1925, and on the nineteenth day of said month of March the defendants, through the attorney-general, interposed a general demurrer to the complaint. On May 22, 1925, the court made an order overruling the demurrer and gave the defendants ten days from the date of said order within which to answer…