See v. Mitchell

Thompson, Justice.

The Last Will and Testament of decedent Cathy Lee Pendleton was probated in solemn form and named appellee Patricia L. Mitchell as executrix of the estate. In that capacity, appellee filed a petition for declaratory judgment in the Superior Court of Cherokee County seeking, inter alia, a determination as to the rightful claimants to the residuary estate under the will. The trial court found that there was no ambiguity and ruled that the residuum is to be distributed in accordance with the testatrix’s clearly expressed intent in Item IV of her will. Appellants Cynthia Ann…