McLaren v. Cross

Paul Ward, Associate Justice.

This litigation calls for an interpretation of a will executed by one Gr. A. McLaren who died on August 7, 1952. The will was admitted to probate on August 27,1952.

The appellee, Zada Cross, (a beneficiary under the will) filed a petition on May 23,1953 in the probate court to have the will construed in order to determine (a) when she would receive a bequest of $5,000 and (b) when she would enter into a life estate of eighty acres of land. The probate court ruled it lacked jurisdiction to decide either issue (a) or (b). Upon appeal to this Court we held the probate…