Sueske v. Schofield

The defendant, Frank Schofield, as executor and trustee under the last will and testament of Elmer F. Sueske, deceased, appealed to the Supreme Court on the grounds that the consideration of testator’s will involved a freehold. The Supreme Court, however, in consideration of the matter, held that the case was one that did not involve a freehold, and transferred the case to this court for the purpose of considering the matters that are called to the attention of the Appellate Court by the several briefs filed.

The plaintiffs in this case filed their complaint in chancery in the circuit court of…