Bumbaugh v. Burns

NEARN, Judge.

We commence by stating what this case is not. The suit was filed by Nila Bum-baugh as an “Original Bill for Construction of Will.” However, its name is not indicative of its purpose. It is not a bill to construe a will. Neither is a bill to construe a trust. Actually, the complaint seeks a declaratory judgment.

Lovna B. Burns died testate on July 10, 1979. The will was a holograph, but bears the signature of Nila Bumbaugh, a prime beneficiary, as one of the attesting witnesses. This is brought out to make evident the fact that the testator was not learned in the law, because…