Katz Investment Co. v. Lynch

We think two principal questions are presented upon this appeal: (1) Did the trial court abuse its discretion in entertaining this action and rendering a declaratory judgment? (2) Is the remainder interest purchased by plaintiff contingent, as the trial court held, or vested, as plaintiff and its vendors contend?

Martin Flynn died in 1906 survived by -his wife, five sons and three daughters. Paragraphs 1 to 8 of his will made in 1906, duly probated, make certain specific bequests to the widow and seven of the eight issue- — all except his daughter Annabelle. Paragraph 9 appoints trustees.…