Shannon v. Union Planters National Bank

COOPER, Justice.

OPINION

Appellants, plaintiffs below, filed an action in the Chancery Court of Shelby County seeking a declaratory judgment for the purpose of determining the proper construction of the will of the late E. Clovis Hinds. Appellees, defendants below, filed a motion to dismiss on the ground that the construction of the will set forth in the complaint was “in direct violation of the intention of the testator as set out plainly on the face of the will.” The chancellor sustained the motion and entered an order dismissing the complaint, with prejudice. The action is before this court…