Appeal by plaintiffs from order entered 19 April 1999 by Judge Wiley F. Bowen in Chatham County Superior Court. Heard in the Court of Appeals 19 April 2000. Plaintiffs instituted a declaratory judgment action to determine whether defendant Suzanne E. Day is entitled to dissent from her deceased husband's will.
Plaintiffs are the nieces and nephew of the decedent.
As such, we address the issues on appeal only as they relate to defendant Day. Plaintiffs first argue they have standing to contest Day's right of dissent in this action, and as such, the trial court should not have granted summary judgment in favor of defendant Day. Plaintiffs contend that when N.C. Gen. Stat. 30-1 is read in pari materia with certain provisions of the Declaratory Judgment Act, including N.C. Gen. Stat. Although we disagree, the problem relates not to a lack of standing, but to a lack of subject matter jurisdiction.