Boyle

Defendant’s demurrer to the three purported causes of action in the first amended complaint (except as to a portion of the third cause of action) was sustained without leave to amend. Plaintiff appeals from the judgment of dismissal entered upon the order sustaining the demurrer.

The first cause of action alleges: Defendant Lampe is the executor of the will of Charles W. Boyle, deceased. Decedent was indebted to plaintiff as follows: for the care, maintenance, medical and funeral expenses of decedent’s mother, Mrs. Trautman; for the funeral expenses of decedent’s brother, Harry Boyle; and for expenses of a trip made by plaintiff to California at the request of decedent in connec *716 tion with funeral arrangements for decedent’s wife. Decedent agreed to pay said indebtedness, but has failed to do so, and the amount due and unpaid is $20,305.11. Notice to creditors was first published on April 27, 1961. Plaintiff filed her creditor’s claim for said amount with the clerk of the court on September 26, 1961, and said claim was rejected by the executor on October 2, 1961. A copy of the claim is attached to and made a part of the complaint.

The second cause of action alleges:…