Farthing v. Farthing

The court below was without original jurisdiction to entertain this action to nullify any part of the duly probated will which is the subject matter of this action. Hence the judgment entered must be vacated on authority of In re Will of Puett, 229 N.C. 8, 47 S.E. 2d 488; Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; Anderson v. Atkinson, 234 N.C. 271; Anderson v. Atkinson, ante, 300.

The Declaratory Judgment Act, G.S. Ch. 1, Art. 26, is designed to provide an expeditious method of procuring a judicial decree construing wills, contracts, and other written instruments and declaring the rights…