Brinley v. Brinley's Administrator

Opinion op the Court by

Morris, Commissioner

Reversing.

The question involved is the construction of the will of Berlean Brinley, who died a resident of Louisville on August 10, 1932. The document named appellant Joseph Brinley, testator’s brother, executor of the will, but he was a nonresident. Upon probate of the will on August 19, 1932, appellee qualified.

On March. 4, 1935, appellant filed his petition in equity in which, he alleged that although he had repeatedly demanded settlement of his deceased brother’s estate none had been made, and he asked the court to require a final settlement.

Appel…