Edwards v. . Warren

The single question presented in the record for our decision is, whether or not it is the duty of the administrator with the will annexed to sell the land acquired by the tester after the publication of bis will? The decision of any other question in this action would be beyond our jurisdiction and in operative. The action is not brought to construe the will and settle the rights of the devisees and legatees under it, nor are the pleadings adapted to such purpose. Hence, so much of the judgment of the court below as undertook to settle the rights of the parties defendant beyond instructions…