Duncan v. Bigelow

A preliminary question arises concerning the right of the administrator to have the will construed. It was held in Podrasnik v. Trust Company, 92 N. H. 65, that the sole procedure for an executrix who desired a will construed for purposes of distribution was “to file an account of her settlement of the estate accompanied with a petition for a decree of distribution of the balance found in her hands upon the settlement.”

It is true that whether a court of equity will advise or direct is a matter of discretion. 33 C. J. S. 1109. In the present case the Superior Court has exercised its discretion…