Wade v. Bragg

MERRILL, Justice.

This appeal is from a decree overruling respondents’ demurrer to the bill of complaint. The bill was filed by the appellee, Mary P. Bragg, under the Declaratory Judgment Act, Code 1940, Tit. 7, § 156 et *241seq., seeking a construction of the will and codicil of Annie M. Carson. The respondents, appellants here, are the executor and residuary devisees and beneficiaries under the last will and testament of Eva Mae Moseley, a sister of Annie M. Carson.

The Carson will was dated April 16, 1937 and item 3 of said will devised to testatrix’ sister, Eva Mae Moseley, all the rest and…