Durrance v. Underhill

BUFORD, C. J.:

It will be observed that this suit was, and is, one against W. H. Underhill as an individual and not as administrator. The relator does not base her claim on the statute of descent and distribution or upon the provisions of a will but under a claim of right arising out of fiduciary relations. That such relation grew out of the settlement of an estate is only incidental ; therefore, that the circuit court had jurisdiction.

The order here under review did not dismiss the bill of complaint but denied decree on bill and answer.

I think the bill contains sufficient allegations to show…