Bloodworth v. Bloodworth

Duckworth, Chief Justice.

Having closely examined the relevant facts in this case we find nothing that would cause Code § 38-117 to have any application, and to clear the ground we, at the outset, put aside that section and the numerous cases decided thereunder as being unrelated to the case made by the averments of fact in this case. Here, we have no disputed papers, no questions as to title of the testator, and no adverse claim to any of the estate. The case is in equity, and equity will never interfere with an honest fulfillment of an obligation .which transgresses no law. By the articles…