Moss v. Youngblood

Russell, Chief Justice.

The court did not err in overruling the demurrers to the petition. The right to seek the direction of a court of equity in the circumstances of this case is clearly afforded by the Code, § 37-404 as follows: “In cases of difficulty-in construing wills, or in distributing estates, in ascertaining the persons entitled, or in determining under what law property should be divided, the representative may 'ask the’ direction of the court, but not on imaginary difficulties or from excessive caution.” Item 15 of the will as written is of doubtful meaning, the amount of the…