Estate of Donahue

Annie Donahue, widow of Peter Donahue, deceased, on the fifth day of February, 1887, filed her amended petition in this court, praying for a partial distribution to her of one-half of all of certain property described in said petition claimed by her to be community property. To this petition, on the eleventh day of February, were interposed two separate demurrers on behalf severally of J. Mervyn Donahue, and Mrs. Mary Ellen Yon Schroeder, devisees named in the last will of said Peter Donahue, deceased.

GEOUNDS OF THE DEMUBBEES.

The points of both demurrers are the same: 1. The insufficiency of the statement of facts. 2. The lack of legal capacity in the petitioner. 3. The petition is ambiguous, uncertain and unintelligible in this: That it is uncertain therefrom whether or not said Peter Donahue left any eom *194 munity or other property, and there is no direct averment in the petition that he left common or any property; and the fact, if such be the fact, that he did leave common property, appears from said petition only by recital and inference, and not by any direct or positive averment on that behalf. 4. Also, that the petition does not distinctly allege that there was any…