BIZZELL v. BIZZELL

No. 390.

75 S.E.2d 536 (1953)

237 N.C. 535

BIZZELL et al. v. BIZZELL et al.

Supreme Court of North Carolina.

April 15, 1953.


Attorney(s) appearing for the Case

Williams & Williams, Clinton, for John B. Williams, Jr., trustee, and Jem Robinson.

H. Paul Strickland, Dunn, for H. Paul Strickland, trustee, and Dunn Production Credit Association.

P. D. Herring, Clinton, for Mary Estelle Bizzell and Mattie B. Adams, plaintiffs.

Howard H. Hubbard, Clinton, for Mary Estelle Bizzell and Mattie B. Adams, plaintiffs, and J. D. Johnson, Jr., trustee, and D. B. Sutton, additional defendants.

Algernon L. Butler, Clinton, for appellees.


BARNHILL, Justice.

Whether this action be considered as a proceeding under the Declaratory Judgment Act or as an action to quiet title or remove a cloud from the title to the real property described in the complaint is of little importance. In either event the relief sought is the same. Plaintiffs seek to have the Court construe the last will and testament of Elizabeth Bizzell and to decree that the devise of the testatrix' real property therein contained vested in...

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