Hicks v. Hicks

JOHNSON, Judge.

The question on appeal is whether the trial court erred in allowing the defendant’s motion to dismiss upon the grounds set forth in the motion that plaintiffs’ complaint failed to state a claim justiciable under the Uniform Declaratory Judgment Act, G.S. 1-253 et seq. and Rule 57 of the Rules of Civil Procedure. We find no error and affirm.

The Last Will and Testament of Dr. Vonnie Monroe Hicks, Jr. was admitted to probate and his surviving widow, Jean H. Hicks, qualified as the executrix of his estate on 29 January 1980. At the time of probate the will was not accompanied by a…