276 F. 463 | D.C. Cir. | 1921
This cause comes here from the action of the trial court in dismissing Kellogg’s bill on the ground that it did not state a cause of action.
Kellogg, a legatee and devisee under his brother’s will, instituted a suit in equity for the sole purpose of having the will construed. After asking twelve questions with respect to the meaning of different items, he prayed (a) that the will be construed; (b) that the executor be directed as to the manner in which certain personal estate in his bands should be distributed; (c) that the trustee be directed as to whom belonged the legal title to real estate described in item 4 of the will, and the accrued rents and profits arising therefrom; and (d) for general relief.
The decree of the lower court is affirmed. The costs up to the time of the intervention are assessed against the appellant Kellogg, and all costs after that against the intervener Fletcher.
Affirmed.