BETTS BY AND THROUGH PARKER v. Parrish

FRYE, Justice.

This is a declaratory judgment action seeking a construction of the will of Russell W. Sanderford [hereinafter also referred to as the testator]. The testator’s wife, Mamie Prince Sanderford, predeceased him. At the time of the testator’s death, he was survived by one lineal ascendant, his mother, Ruby Wilson Ellis, a defendant in this action. He was also survived by the plaintiffs, Kenneth Wayne O’Neil, a nephew; Wendy Betts and Angie Betts, step-great-grandchildren (referred to as “nieces” in the Will).

The plaintiffs filed a complaint in the superior court seeking a…