Dotson's Adm'r v. Ferrell

Opinion of the Court by

Van Sant, Commissioner

Reversing.

This action was instituted by the ancillary administrator of D. H. Dotson, who died testate, a resident of Adams county, Ohio. The parties to the action seek a construction of the will which was probated originally in the county of the home of the deceased.

It appears from the allegations of the plea in abatement that in a suit filed in a court of competent jurisdiction in Adams county, Ohio, that court has been asked to construe the will in question.

The pendency of an action in another state will not entitle the pleader, as a matter of…