WEST v. DOWNER

21667.

218 Ga. 235 (1962)

127 S.E.2d 359

WEST et al. v. DOWNER, Executor, et al.

Supreme Court of Georgia.

Decided September 6, 1962.


Attorney(s) appearing for the Case

S. B. Lippitt, for plaintiffs in error.

H. B. Williams, contra.


QUILLIAN, Justice.

1. The exceptions to the sustaining of the general demurrer are predicated upon the rights of the plaintiffs under the will of Mrs. J. T. Downer, Sr., or arising out of the contract entered into with the defendants.

2. The demurrer should have been overruled if the averments of the petition showed the plaintiffs' right to any relief prayed, aliter, if the petition did not set forth a cause for such relief then the demurrer was properly sustained...

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