Upshaw v. Eubank

(after stating the facts).

In Kaplan v. Coleman et al., 180 Ala. 267, 60 So. 885, 886, a bill “filed by the sole heir at law of the testator to contest and annul the will of the latter, in accordance with the provisions of section 6207 of the Code” of 1907, it was observed, that “in this state the jurisdiction of chancery courts to entertain bills for the construction of wills does not, as in most states, depend upon the "theory of the equitable control and administration of trusts, and a suit for testamentary construction need not exhibit any necessity, nor any prayer, for any other equitable…