Evans v. Volunteers of America

HOLMAN, Commissioner.

Action by the executors under the will of Kitt Pitts Shobe for a declaratory judgment as to which of two charitable corporations, The Volunteers of America (appellant) or The Salvation Army, Inc. (respondent) is the legatee in item two and residuary devisee and legatee (item ten) in said will. The trial court decreed that the Salvation Army was the devisee and legatee, from which said decree The Volunteers of America has appealed. We have jurisdiction as title to real estate is involved and the amount in dispute exceeds the sum of $7,500. Article V, Section 3,…