It is then alleged that plaintiff performed his agreement in full, that the father died in 1938 and by his will gave all of his estate to the mother, but that upon her death in 1958 she left her will, subsequently probated, whereby she made no provision for plaintiff. A second cause of action seeking restitution of certain property allegedly obtained from the widow by the fraud of certain of the defendants was dismissed pursuant to subdivision 2 of rule 107. It seems clear...
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