West v. West

Litz, President :

This is a suit by an executor to administer the estate of the decedent. The ruling of the circuit court, sustaining a demurrer to the bill on the ground that it does not present a case for equity jurisdiction, was certified under section 2, article 5, chapter 58, Code 1931.

The bill alleges that S. M. West of Wetzel County died testate June 3, 1933, the owner of real estate of the value of $2,977.00 and of personalty of the value of $9,148.31; that by his last will and testament, he devised and bequeathed his property to his widow, Mabel M. West, and other relatives; that July…