FELTON, Justice.
Where a will had been probated in common form in the court of ordinary, no application to probate the will in solemn form was pending, and no fraud relating to jurisdiction appeared, the superior court did not have jurisdiction of the declaratory action of the appellee (suing only as the sole heir at law and not as legatee) against the appellant executor and trustee of the testator's estate, attacking the validity of the will under the provisions...
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