In Re Estate of Martin

This cause is presented as an appeal on questions of law from a declaratory judgment of the Probate Court determining that a purported agreement among the heirs and devisees of Myrtle D. Martin, deceased, is valid. The judgment entry directs the executor to proceed with the administration in accordance with the will and to discharge his duties under the law, as if there were no contract.

The question presented is whether the Probate Court had jurisdiction to render the declaratory judgment.

The agreement provided for a division of the estate different from that provided in the will.

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