California, United States of America
The following excerpt is from Power v. California Bank, 204 Cal.App.2d 754, 22 Cal.Rptr. 629 (Cal. App. 1962):
In Miller v. Miller (1915), 171 Cal. 269, 152 P. 728, the action was brought on a creditor's claim against the executors of an estate based upon the written agreement of decedent to pay specified amounts for the support of plaintiffs. A demurrer was sustained without leave and after judgment for defendants, plaintiffs appealed and the judgment was affirmed. As to allegations necessary to such a complaint, the court said (page 272, 152 P. page 729): 'While each [complaint] asks for a determination of the status of the claim upon which suit is brought, each is frankly based upon a rejected demand for moneys not yet due, and there is neither pleading nor prayer with reference to the condition of the estate, the ability of the defendants to provide for future payments nor the desirability of creating a fund to meet the annual demands of the plaintiffs.'
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