Hinson v. Smyer

BROWN, Justicp.

This appeal is from a decree of the Probate Court of Jefferson County, sitting In Equity, wherein the administration of the estate is pending, construing in part the will of John R. Irby, deceased, in response to a bill filed by the appellee Smyer, as the executor of said will, against appellants named in the will, with others as residuary legatees thereunder.

Jurisdiction to entertain such proceedings in equity is conferred on said probate court by the Act approved July 10, 1940, carried into Tit. 62 of the Code 1940, as § 181(1). See 1943 Cumulative Pocket Part,-Code 1940. The…