Magnant v. Peacock

THOMAS, J.:

A bill was filed in the chancery court by the present appellant praying for a decree declaring her right to properties of an estate “to the extent of an undivided one-fifth interest thereof.” The chancellor granted a motion to dismiss; so there is presented to this court the matter of the sufficiency of the pleading or, to be more specific, the question whether he correctly construed the will and the codicil of one Charles John Peacock.

The appellees are the surviving sons of the testator;- appellant is the daughter of a son who predeceased him.

In the second paragraph of his will…