Wilkes v. Fraser

MCMILLIAN, Judge.

James David Wilkes (“Wilkes”), individually and as executor of the estate of Ricky Louie Dixon (“Dixon”), appeals the trial court’s final judgment in an action filed by Nell Wilkes Fraser (“Nell”) seeking a declaration determining the rights to certain property conveyed by her father, D. W. Wilkes (“D. W”), by deed dated May 23, 1936 (the “Deed”).1

Nell’s verified declaratory judgment complaint, filed on July 30, 2012, asked the trial court to enter a judgment declaring her to be the owner of “a one-half undivided interest,” along with Wilkes, in the property conveyed by the…