Curran
Curran v. Kennedy
Opinion
Lead Opinion
Sharpstein, J.
— The plaintiff, as administrator of the estate of Thomas Cushing, deceased, sues the defendants as executors of the last will and testament of Phillip Kennedy, deceased, and alleges, in substance, that said Phillip Kennedy, in his lifetime, was the duly appointed administrator of the estate of said Thomas Cushing, deceased, and that said Phillip Kennedy, as such administrator, received $2,670.93 from the National Life Insurance Company of the United States of America on a policy of insurance upon the life of Thomas Cushing, for which he, said Phillip Kennedy, never accounted to the estate of said Thomas Cushing, and that said Phillip Kennedy died before the completion of his duties as administrator of the said estate of said Thomas Cushing.
For a separate and second cause of action, plaintiff alleges that said Phillip Kennedy, as administrator of the estate of said Thomas Cushing, received other personal property, of the appraised value of $130, for which he never accounted.
The complaint was demurred to on various grounds, and the demurrer overruled, and properly overruled, we think. A motion to strike out the amended complaint and the amendments thereto was properly…