Cummings v. Plummer

Colerick, C.

The appellants filed their complaint against the appellees to obtain a construction by the court of certain provisions in the will of Henry Peinson, deceased. A demurrer to the complaint, assigning insufficiency of facts, was sustained, and, the appellants declining to amend, final judgment, on demurrer, was rendered against them, from which they appeal. The only error assigned is the ruling of the court upon said demurrer.

The provisions of the will to be construed are embraced in the second item or article thereof, as follows:

"Article 2d. I direct my executor to sell my homestead…