Youngson v. Bond

Pound, C.

Upon rehearing, it is contended that this suit is to be regarded as one for construction of the will, and hence is maintainable notwithstanding the principles of law laid down in the former opinion. But we are of opinion that, even upon that ground, it was not within the original jurisdiction of the district court and that the former judgment should be adhered to.

The suit is brought by an administrator with the will annexed, and, in view of the decision in Kennedy v. Merrick, 46 Neb. 260, would be maintainable only upon the theory that a construction of the will was necessary to…