Mountain Park Institute, Inc. v. Lovill

The first assignment of error is addressed to the question whether the complaint states a cause of action. The appellants argue that it does not, and that the demurrer ore tewus should have been sustained. The proceeding was brought, they say, not by the executors named in the will, but against the executors, the legatees, and the devi-sees by the plaintiffs who, having no authority or power to administer the testator’s estate cannot prosecute a suit to construe the will, or to control the discretion vested in the executors, without at least specifically charging bad faith or arbitrary…