McFarland

The plaintiff brought this action to establish a claim against the estate of the defendants’ testator, which she had previously presented to them for allowance, and which they had rejected. In her complaint she alleges as the basis of her claim “that William A. Holcomb was at the time of his death indebted to the plaintiff in the sum of seven thousand five hundred dollars as a balance due to plaintiff for nursing, boarding, lodging, counseling, advising, and taking care of the said William A. Holcomh almost continuously from the twenty-ninth day of November, 1870, down to the fourth day of November, 1895, in *86 the city and county of San Francisco, State of California.” The; defendants demurred to the complaint upon the grounds of want of facts and uncertainty, and, their demurrer having been sustained, the plaintiff has appealed from the judgment entered! therein against her.

In support of their demurrer for want of facts to constitute a. cause of action, the respondents contend that, as the complaint, does not aver that the services of the plaintiff were rendered at. the request of their testator, it fails to state a cause of action against his estate.

Under the system of…