A court of equity or of common law, as the case may be, is called the court of construction with regard to wills, as opposed to the court of probate , whose duty is to decide whether an instrument be a will at all. Now, the court of probate may decide that a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty , etc. Wharton
Black’s Law Online Dictionary
