Binns v. Smith

OPINION

By HORNBECK, J.

Submitted on motion of appellee, The West Side Day Nursery Association to dismiss the appeal “for the reason that this cause, insofar as it relates to said Association, is not appealable by the appellant.”

It appears that appellant as plaintiff joined numerous parties, defendants below, appellees here, in an action in the Probate Court for a declaratory judgment. The petition requested, among other things, construction of the will of Thomas F. Smith, deceased, and direction to the Trustee in several particulars touching the administration of his Trust.

A part of the…