Armstrong v. Merts

Candler, Justice.

(After stating the foregoing facts.) There is no merit in the contention that the court was without authority in passing upon the demurrers to construe the will of the testator. These demurrers challenged the correctness of the construction which the plaintiff alleged should be given to the will. The petition raises only legal questions concerning the' will, and such issues should be settled by demurrer. Code, § 81-303. In Gilmore v. Gilmore, 197 Ga. 303 (29 S. E. 2d, 74), which was a case involving the construction of a will where the issues were made by petition and…