Montgomery v. Hinton

MORRIS, Chief Judge.

It has been established that summary judgment is an appropriate procedure in a declaratory judgment action. Frank H. Connor Co. v. Spanish Inns Charlotte, 294 N.C. 661, 242 S.E. 2d 785 (1978); Blades v. City of Raleigh, 280 N.C. 531, 187 S.E. 2d 35 (1972).

The will of Nehemiah Hinton first directed his executor to pay all of his debts, funeral expenses, costs of administration, and estate and inheritance taxes. The will by Article II provided that:

After the payment of all such debts, expenses, taxes and obligations, I give, bequeath, devise and appoint unto my son, Thomas…