Mitchell v. Mitchell

Atkinson, Justice.

(After stating the foregoing facts.) The first question for decision is whether the trial court erred in sustaining a demurrer interposed by the defendant, and in dismissing counts one and three, on the ground that the court of ordinary had original jurisdiction of the matter set forth therein, and such court, being competent to give as much relief as the superior court, should retain jurisdiction of the matter.

“Equity will not interfere with the regular administration of estates, except upon the application of the representative, either,, first for construction and…