Capital Bank and Trust Company's Petition

Opinion by

Mr. Justice Drew,

This appeal is from a declaratory judgment that petitioner be granted authority to enter into an agreement of lease, subordinating the lien of an existing mortgage, despite the strenuous objection of appellants, executors of a participation owner of the mortgage. The prayer of the original petition was for advice and direction, but since our courts of common pleas are not vested with such advisory powers (Morton’s Est., 201 Pa. 269, 272), the pleading was revised to conform to the requirements of the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840, as…