Carrie J. Horton, an Infant by Guardian v. William P. Cantwell

Summary

The Court held that the 1879 Act amending the disputed wills statutes was implicitly repealed by the later Code of Civil Procedure §§1866 and 1867, and therefore the plaintiff could not maintain an action under that Act. It further concluded that the plaintiff, as a cestui que trust and heir-at-law, lacked a present interest in the estate sufficient to confer jurisdiction for a construction of the will, and affirmed the lower court's judgment.