Walls v. Walls

The only question presented for review by this appeal is the validity vel non of the specific construction of the testator’s will, as contended for by the appellants, who were complainants below.

When the bill of complaint seeks to establish a specific construction upon which its equity and the asserted rights of the complainant depends, the validity of such a construction may he tested, as here, by demurrer to the hill. City Bank & Trust Co. v. McCaa, 213 Ala. 579, 105 So. 669.

Complainants’ theory of the will is that, apart from the small specific legacies given to these complainants in…