Lyter v. Vestal

Action for a declaratory judgment. Plaintiffs, testator's widow and daughter, trustees and beneficiaries, seek a construction of the [770] will, and a declaration that the widow be allowed $15,000 for "maintenance, comfort and general welfare" from the corpus of a trust estate created by the will of Dr. J. Curtis Lyter, deceased. The trial court rendered a declaratory judgment adverse to plaintiffs, who have perfected this appeal.

Dr. Lyter, testator, by his will made July 7, 1933, bequeathed and devised to his wife, Mildred Lyter, plaintiff (appellant), his household and office furnishings,…