Roberts v. Wilson

1. Where an executor advertised personal property for sale, and a legatee, claiming a life interest and the right of possession in the property, filed in the court of ordinary a claim, which was transferred under terms of the law to the superior court, and where the claimant filed an amendment to the claim in the nature of an ancillary petition, attaching a copy of the will on the terms of which title was based, and praying for a construction of the will, to which a demurrer was filed, a decision on the demurrer necessarily construed the terms of the will, and gives to this court jurisdiction…