Raby v. Minshew

Jordan, Justice.

Appellees sought a declaratory judgment for the construction of a will. Appellants answered and moved for a judgment on the pleadings which was denied. We granted appellants’ application for interlocutory appeal and now reverse the judgment of the trial court.

The parties are the children of Ronald O. Raby, the testator. Appellants are the legatees under Item 3 of the will and also the executors of the will which was probated in solemn form. No caveat or appeal was filed from said probate.

Item 3 of the will reads as follows: "I will, devise and bequeath unto my son, William A.…