Castleberry v. Horne

Mobley, Justice.

The controlling question is whether the provision of the will empowering the court of ordinary, upon petition filed by the widow, to order the sale of the property upon proof of dire need on the part of the widow, vested or attempted to vest jurisdiction in the court of ordinary to determine the question, or whether the power vested in the individual who happened to be the ordinary at the time the widow filed her petition for authority to sell.

The language of Item 5 of the will quoted above clearly shows that the testator intended to confer upon the Court of Ordinary of Sumter…