McKenna v. McKenna

general demurrer to the second amended complaint was sustained; plaintiffs, declining to amend, suffered judgment, and from that judgment prosecute this appeal. The action was to avoid a gift or assignment of twenty-eight hundred dollars on deposit in the Hibernia Savings & Loan Society, the property of Catherine Styles or Catherine McKenna, which moneys, shortly before her death, she gave ‘to defendant Mary McKenna through the medium of an assignment of her bank book. It is alleged that Catherine Styles was at the time 74 years of age and so greatly enfeebled in mind as to have become “childish, and unable at times to talk or to knowingly understand the ordinary affairs of life, or to understand or to transact business”; that she was living with Mary McKenna; that plaintiffs were relatives and next of kin of Catherine Styles and had been upon terms of friendly relationship with her; that Mary McKenna, for the purpose of inducing the deceased Catherine Styles to make this assignment, falsely and fraudulently represented to her that the plaintiffs willfully neglected her and were without natural affection for her, and that their only object in maintaining friendly relations with…