Davidson v. Brate

This is an appeal from an order of the Court of Common Pleas of Butler County granting a motion to dismiss a Complaint and an Amended Complaint for declaratory judgment on the ground that both failed to state a claim upon which relief could be granted.

Plaintiffs, the appellants herein, are nephews and nieces and the sole heirs at law and next of kin of one Maud Warner, deceased. They sought a judgment declaring invalid certain provisions of documents which purported to be the last will and testament, with codicils, of Maud Warner. The Complaint alleged that those writings had been admitted to…