McDiarmid, Trustee v. McGrew

The first question confronting this court is whether or not there is any right of appeal in the case, and is, therefore, jurisdictional.

The jurisdiction of this court to hear a case on appeal is defined in the Constitution and is limited to chancery cases. While questions involving the_ construction of trusts are cognizable in chancery, does the .case under consideration involve that question?

The item in question sets apart $5,000 from decedent’s estate to be invested for the benefit of Clara D. McGrew, the income to be paid to her during her life “and at her death the principal shall be paid…