Pendell

This is an appeal by plaintiff from an order dismissing plaintiff’s action, which action was dismissed by the trial court on the ground that the complaint did not state facts sufficient to constitute a cause of action.

The claim of the appellant in this action appears to be that notwithstanding the decree of distribution which was entered in the matter of the estate of John H. Thompson, deceased, and which decree contains no reservation whatever in favor of the appellant, the appellant is entitled to recover from the defendant Thompson, personally and as executor, some portion of the estate by this action which was filed by him more than two months after the decree of distribution had become final. Appellant claims a right in the estate of John H. Thompson, deceased, by reason of an assignment made to plaintiff, by the defendant Vesper, of a one-fourth of the interest assigned to said Vesper by the defendant Martha Carroll. Under the terms of the will, the defendant Carroll was to receive two-thirteenths interest in the estate and the defendant Martha Carroll, during the course of the administration, assigned to the defendant Vesper her interest in two certain parcels of real…