Bennett, Exrx. v. Bennett

There is presented in this appeal on questions of law from the Probate Court of Summit county the judgment of the said court in a proceeding-which, although styled “petition for construction of will,” could properly be determined to be a proceeding for a declaratory judgment.

The action was instituted in the Probate Court by the executrix under the will of Isaac Granvil(le) Bennett, deceased, and the court was called upon to instruct the executrix “as to her duties in the premises.”

The facts are:

1. Plaintiff’s decedent was issued a contract of insurance by the Aetna Life Insurance Company in…