Brandis v. . Trustees of Davidson College

We think the parties have misconceived their rights and remedies. What the plaintiffs really want is advice and direction of a court of equity in the administration of a testamentary trust. Yet, under a will which specifically withholds from the plaintiffs the right to sell the trust property, authority is sought in a proceeding under the Declaratory Judgment Act, G. S., 1-253-267, “to sell, mortgage, and/or lease” said property subject to the orders of the court; and this in the face of a provision in the will that if the plaintiffs “fail or neglect to. execute the trust and conditions…