Parsons

The plaintiff in this action prayed for a decree declaring him to be the owner of and entitled to all of the property of which one Jemima Parsons died possessed, and that the defendants, as devisees and distributees under the will of "the decedent, held said property in trust for the plaintiff.

The plaintiffs’ cause of action was founded upon a contract alleged to have been entered into between the plaintiff and the deceased, Jemima Parsons, whereby she agreed that at her death she would by will .bequeath to plaintiff all of the property of which she might die possessed.

The defendants’ demurrer to plaintiff’s second amended complaint was sustained upon the ground primarily that the complaint did not state a cause of action. Thereupon judgment was rendered and entered for the defendants, from which plaintiff has appealed upon the judgment-roll.

The demurrer was well taken and rightfully sustained.

With reference to the material matter of the making of the contract in suit the allegations of the second amended complaint are as follows: “ . . . Plaintiff is the natural son of a deceased brother of said decedent, and was born in the year 1849 in England; that at the time of the…