Fuller v. Hedgpeth

It is to be noted that this action is not one for advice and instruction in connection with the settlement of an estate (Trust Co. v. Barrett, 238 N.C. 579, 78 S.E. 2d 730) ; nor is it an ordinary suit for the construction of specific items of a will (Cansler v. McLaughlin, 238 N.C. 197, 77 S.E. 2d 618). The plaintiffs in their complaint challenge the validity of the trust provisions of the will. They assert that these provisions are void in toto. The attack is general and broadside. They allege, without further elaboration, that the trust is void, for that its provisions are (1) uncertain,…