English v. Ragsdale

Action to construe the will of Joseph J. Phillips, who died May 18, . 1926, naming his widow, Sue B. Phillips, executrix of the will. The court sustained a demurrer to the petition. On refusal of plaintiffs to further plead, Judgment was entered for defendants and plaintiffs appealed.

We have appellate jurisdiction, for the title to real estate is in-, volved and the property in litigation is of the value of more than $7500. The material facts, as disclosed by the petition, follow:

The widow, Sue B. Phillips, after the payment of testator’s debts, the erection of a monument on his lot in the…