Rusch v. Northern & Dakota Trust Co.

This is an appeal from a declaratory judgment entered in the county court of Cass county. The proceeding was instituted by the filing of a petition for the construction of the will of Henry I. Rusch, deceased. In response to the issues framed by the petition, answer and reply, a declaratory' judgment was entered on June 1, 1933. Notice of appeal from that judgment by the petitioner to this court was served on June 18, 1931. Thereafter the record was transmitted to this court and after some delay the appeal was submitted on briefs without oral argument, counsel for the respondents joining in…