Powell v. Thorsen

Jordan, Chief Justice.

This is a multi-count suit against the co-executors of the wills of Lura A. Lester and James T. Lester. The trial court dismissed the amended complaint and dismissed the executors’ counterclaim asking for a construction of certain items of the will.

The appellants (Case No. 37813) assert that the court erred in holding that there was an adequate remedy at law and that the probate court, rather than the superior court had jurisdiction. The cross appellants (Case No. 37814) contend that the court erred in holding that Lura’s will did not require a construction.

The basic…