Redmond v. Rhode Island Hospital Trust National Bank

This case comes before the court on an appeal from a judgment of the Superior Court dismissing the plaintiffs’ complaint filed pursuant to the Uniform Declaratory Judgments Act, G.L. 1956 (1969 Reenactment) chapter 30 of title 9. The judgment of dismissal was rendered pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure which authorizes dismissal for “failure to state a claim upon which relief can be granted.”

The complaint sought a construction of Clause “SEVENTH” of the will of Mary Isabelle Neilson who died in Newport on May 14, 1928. At the time of her death she was…