Naugher v. Hinson

BOXJLDIN J.

The purpose of the bill is set forth in the decision on former appeal. Hinson v. Naugher, 207 Ala. 592, 93 South. 560. We there sustained the general equity of the bill, but upheld the decree sustaining the demurrer thereto upon the special ground of misjoinder of parties. The will sought to be construed did not then appear in the record, without which it did not affirmatively appear that the children of decedent, other than complainant, took such interest ’ under the will as to make then^ proper parties. ¡Complainant thereafter amended section 4 of the bill setting forth the…