Cunningham v. Brigman

The purpose of the action is to have the Court declare the rights of the parties arising under the will of Leon Cunningham. By the terms of the will, the plaintiffs are given the entire estate except the $75.00 per month to be paid to the appellant by the trustee during the life of the trust, and then by the testator’s children thereafter during her life, or until she remarries. She filed a dissent to the will. This controversy presents a proper proceeding for declaratory judgment. G.S. 1-255; Joyce v. Joyce, 260 N.C. 757, 133 S.E. 2d 675; Little v. Trust Co., 252 N.C. 229, 113 S.E. 2d 689.

The…