Anderson v. Anderson

MR. PRESIDING JUSTICE KILEY

delivered the opinion of the court.

This is a suit by plaintiff, individually and as testamentary trustee, for construction of a will. On motions of the Guardian of the Probate Court estate of the minor defendants and of their guardian ad litem, the Chancellor dismissed the suit for want of equity. Plaintiff, individually and as trustee, appealed to the Supreme Court on constitutional grounds and as defendant executrix filed a cross-appeal. The Supreme Court transferred the case to this court.

The motions to dismiss admitted the facts well pleaded: Lillie Anderson…