Lynch v. Armstrong

Miller, Judge:

This cause has been twice before us and disposed of on appeal, as reported in 81 W. Va. 134, and 90 W. Va. 98. The case as now presented involves the sufficiency of a petition, on the demurrer of George Woof ter, one of the plaintiffs in the original bill, of W. W. Shoeh and Mary Abigal Shoch Batten, two of the defendants to the original bill of complaint, whose rights in the estate were finally adjudicated here on the last appeal to which reference has been made, filed in the cause on September 3, 1924.

The object of the petition is to compel the said Wm. B. Lynch, Executor, to…