Hopkins

The plaintiffs, as executrix and executors of the will of Moses Hopkins, deceased, brought this action to recover sums of money expended in fencing a public road which was laid out and opened through lands in Contra Costa county.

The complaint commences with allegations that Moses Hopkins in his lifetime made and published his last will, whereby he appointed the plaintiffs executrix and executors thereof; that Hopkins died in February, 1892, and that, in March, 1892, his said will was proved and admitted to probate in the superior court in the county of San Mateo, in this state; that thereupon letters testamentary on the said will were issued to plaintiffs, and they duly qualified and entered upon the discharge of their duties as executrix and executors; and that the defendant is a municipal corporation created by the laws of this state.

*568 It then proceeds as follows: “And for a first cause of action plaintiffs complain and allege: That the said Moses Hopkins in his lifetime was the owner of and in possession of certain lands through which a public road was duly laid out and opened by the proper authorities of said county of Contra Costa.”

Then follow averments that the…