SHENK, J.
This is an appeal from a judgment for the defendant after a demurrer to the complaint had been sustained without leave to amend.
Henry Robert Ludwig died testate on July 23, 1952. Surviving him were the plaintiff, Frances Van Strien, a daughter by a former marriage, and the widow Mary E. Ludwig who was appointed executrix of the will of her deceased husband. The entire estate was distributed to the widow in
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