Leonard v. Dillard

GREENE, Judge.

Plaintiff, Roby Leonard, brought this action seeking a declaratory judgment, under N.C.G.S. Sec. 1-253 et seq., determining the proper construction of a will. Plaintiff is the brother of defendant, Dorothy Dillard. The will in dispute is the joint will of their maternal grandparents, Henry and Jane Sink. The clauses of the will pertinent to this dispute are:

2. It is the specific bequest of each of us, that the survivor, after the death of one of us, shall take all the property of whichever may die first, whether it be personal or real, and that the said survivor shall have a…