HORNBECK, P. J.
This is an appeal from a judgment for the defendant upon the pleadings.
Plaintiff pleads that he is the sole heir at law of Anna M. Schaefer, deceased; that the defendant is the duly appointed and acting executor of her last will and testament; that Emma Schaefer died in 1942, leaving plaintiff and decedent, Anna M. Schaefer, as her sole heirs at law and that the estate of Emma
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