Fillmore v. Yarbrough

FOSTER, Justice.

The trial court sustained a demurrer to the bill filed by appellant, and dismissed it ■as being without equity in not showing that she has a right to relief sought. The purpose of the bill and the prayer for relief are that the court will construe the will of her husband long since dead, and determine that under it she acquired an absolute fee so as to entitle her to sell the timber on the land, and be controlled by section 76, Title 47, Code.

The trial court took the view that the •will is not susceptible to a favorable construction to that end, and therefore that she was not…