60 S.E. 416 | N.C. | 1908
From judgment for plaintiff the defendants appealed.
This appears to be an action brought by the plaintiff, one of the devisees of the testator, against such of the other devisees as are inesse, for the purpose of obtaining a construction of the will as to the devisees of real estate, and to determine what estates some of the devisees take. While we readily concur in the correctness of the decree of the learned judge construing the will in all its parts, we cannot *368
recognize the regularity of this proceeding nor the jurisdiction of the court to entertain it. It seems to be predicated upon the idea that a court of equity has a sweeping jurisdiction in reference to the construction of a will, which, under the authorities, is an erroneous one. Tyson v. Tyson,
Dismissed.
Cited: Campbell v. Cronly,