Caldwell

This is an appeal by plaintiff from a judgment of -dismissal based upon an order sustaining demurrers filed by defendants to plaintiff’s second amended complaint without leave to amend.

By this suit in equity, plaintiff, the only son and heir of Perry Moore Caldwell, seeks to have a beneficiary named in his will as Leonorc Fisher Caldwell declared an involuntary trustee for the use and benefit of plaintiff, of the property devised and bequeathed to her, upon the ground that said will was procured by fraud exerted upon the testator by the beneficiary, his supposed wife. Faced at the outset by a judgment sustaining the order admitting the will to probate (Caldwell v. Bank of Italy, 112 Cal. App. 104 [ 296 Pac. 312 ), plaintiff, while admitting the existence of said order, attempts to avoid its effect by seeking the aid of equity upon the ground that said order admitting the will to probate was procured by virtue of fraud practiced upon him, the plaintiff, whereby he was prevented from properly presenting his contest of said will.

Briefly stated the allegations of said complaint are to the effect that the defendant, Leonore Taylor, “a notorious woman who had been arrested many…