Merry v. County Board of Education of Jefferson Co.

SIMPSON, Justice.

This appeal comes to us on pleadings from the Circuit Court of Jefferson County, in Equity. The bill is in three aspects: Appellants (complainants below) seek (1) cancellation of a deed from appellants’ testatrix to the appellee Board of Education; (2) declaration of appellants’ interest in the real property which is the subject matter of the deed, or in the proceeds from the sale thereof; and (3) construction of the testatrix’ will and declaration of appellants’ interests thereunder.

The court ruled separately on demurrers of appellees: as to the Board, he overruled its…