Binger v. Ackerman

JUDGE BOETH

delivered the opinion of the court.

Plaintiffs, appellants here, filed their amended complaint, seeking the construction of the last will and testament of Harman Aden, also known as Harman Meyer, deceased. On defendants’ motion the amended complaint was dismissed for want of equity and plaintiffs prosecute this appeal.

The mother of the testator was twice married and the testator was the only child of her first marriage. The father of the testator had two brothers both now dead. One of these brothers left no known descendants. Descendants of the other are two grandchildren who are…