Hoge v. Street

Opinion op the Court by

Clay, Commissioner

Reversing.

This is a declaratory judgment action filed by the niece of Henry P. Barret, who died in 1947. The controversy involves a construction of Item 4 of his will. The Chancellor sustained a general demurrer to appellant’s petition, which effectively denied the particular claim she is asserting.

When the testator died, he was survived by his widow, a sister, and his sister’s daughter, the appellant. He left a very substantial estate. With his widow, the principal beneficiaries under the will were the appellant and appellee Frank T. Street, the…