Cochran v. White

Smith, Chief Judge.

Charlene Cochran, as executrix of the estate of Aldine Duke, deceased, appeals from the trial court’s grant of Timothy White’s motion to dismiss her petition for declaratory judgment. We conclude that the trial court correctly dismissed Cochran’s petition for declaratory judgment but improperly dismissed Cochran’s claim on behalf of the estate for damages sounding in tort. We therefore affirm the judgment in part and reverse in part.

In her petition, Cochran alleged that Duke adopted her in 1971 and that she is the sole beneficiary of his estate. She alleged that during a…