Jordan v. Middleton

Grice, Justice.

We review here a judgment construing a will and the failure to rule on demurrers to the defendant’s answer.

Clifford Jordan, Appie Middleton, Harold Duggan and Lena Martin Jackson brought their petition in the Superior Court of Washington County against Essie Middleton, seeking construction of Item 3 of the will of Simon Middleton and other relief. Insofar as material here, their petition alleged the following.

Plaintiffs are the sole heirs at law of the testator whose will was probated in 1920. Under Item 3 of the will a one-fourth interest in lands was devised to Jewel…