McDowell v. McDowell

Bell, Justice.

The instant case originated, in a court of ordinary, and went by appeal to a superior court. The petition as filed in the court of ordinary prayed for an accounting, and for revocation of letters testamentary, because of alleged waste, mismanagement, and misappropriation of assets. The defendant filed a demurrer, contending that the will created a trust estate, that the accounting sought was against an equitable trustee and not an executor, and therefore that the court of ordinary did not have jurisdiction of the proceeding. The superior court on appeal overruled the demurrer,…