Cuddy v. McIntyre

Van Sant, Commissioner

Affirming.

James S. Cuddy died testate on October 24, 1946 survived by his wife, Name McIntyre Cuddy, who, in turn, died intestate on June 24, 1948. After the death of his widow, Mr. Cuddy’s brothers and sisters, being his sole heirs, instituted this action against appellees, Taylor McIntyre, administrator of the estate of Mrs. Cuddy, and Richmond McIntyre, her father and sole heir. The action was instituted under the Declaratory Judgment Act, Civil Code of Practice, sec. 639a — 1 et seq., for construction of the will of James S. Cuddy.

It appears from reading the will…