“This is a bill in equity brought by some of the next of kin of Oliver Barnet, according to the statute of distributions of the state of New Jersey, against the administrator of Elizabeth Barnes, the executrix of the said Oliver Barnet, appointed by the orphan’s court of this state, pending a controversy in that court concerning the validity of the asserted will of the said Elizabeth, and the rest of the next of kin of Oliver, the testator. The merits of the controversy depend, upon the true construction of one of the clauses in the will of Oliver Barnet, deceased; and this question, as well as many others of minor importance, comes before the court for decision upon a special demurrer to the bill, filed by Ogden, the administrator, pendente lite, of Mrs Barnet.”
4 Wash. C. C. 631