Cater v. Howard

(after stating the facts as above).

The scope of the inquiry presented by the general demurrer for want of equity is whether or not the subject-matter of the proceeding is within the jurisdiction of the court sitting in equity, and, if so, the right of the petitioners to invoke its powers to grant the relief sought.

It is well settled that the administration of an estate is a proceeding continuous in its scope until a final settlement of the trust is accomplished, and when the administration of an estate is duly removed from the court of probate into a court of equity, the jurisdiction of the…