Fidelity & Columbia Trust Co. v. Grabfelder

Opinion op the Court by

Judge Cammack

— Reversing.

This action was filed under the Declaratory Judgment Act, Sections 639a — 1 to 639a — 12, inclusive, of the Civil Code of Practice. The appellant, Fidelity & Columbia Trust Company, in its own right, and as executor of the will of Annie B. Grabfelder, deceased, and also as trustee under said will, brought the action against the appellees, defendants below, the only persons having any residuary interest in the estate of Annie Grabfelder. The Trust Company holds a mortgage on a piece of property involved in the estate of the deceased. This…