Estate of Davis

Laura E. Tracy, claiming to be an heir of deceased, Jacob Z. Davis, inaugurated. the present litigation, and is now appealing from an adverse judgment. Her alleged interests have been divided during the pendency of the litigation, and different attorneys represent these different interests. The attorney representing one interest contends that this proceeding is brought in the probate court to set aside the probate of a will, by reason of the wrongs and frauds in the petition alleged; and further claiming that the statute which bars his client from attempting to open up the decree and try the issues therein anew is in conflict with certain provisions of the constitution of the United States. Counsel representing other interests contend that this proceeding is not one brought in a court of probate, but that it is a proceeding in a court of equity, seeking to establish a trust, and charge the legatees under the will of Jacob Z. Davis as trustees of the estate for the benefit of petitioner. While the interests involved are in a sense largely common, still these claimants have planted themselves upon widely different propositions of law—propositions that must be considered upon…