Moore v. Stark

Appellant complains that We should have answered the question involving the validity of the will without any determination of the one involving the capacity of the appellant’s, or at least that “the right or failure of the right of the appellant to contest cannot be an issue until the central question is determined.” Throughout the able argument filed in support of the motion the point is stressed that, since the Constitution forbids the creation of a perpetuity, the matter is of such a nature that it should be determined as going to the very right of the trial court, or any court as to that,…