WELLS, Judge.
We first note that this appeal is before us on partial summary judgment. Pursuant to the provisions of G.S. § 1A-1, Rule 54, the trial court certified this judgment for immediate appeal.
A party may resort to the courts for the construction of a will when there are doubts as to a testator's intent and the terms of a will are not set out in clear, unequivocal and unambiguous language. Pittman v. Thomas, 307 N.C. 485,
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