Estate of Mary E. Loughlin

Opinion by

Gawthrop, J.,

This is a proceeding under the Uniform Declaratory-Judgments Act of June 18, 1923, P. L. 840. The court below dismissed the petition on two grounds, first, because another established remedy was available, and second, because a declaratory judgment would not terminate the uncertainty. The petitioner appeals from that order.

Mary E. Loughlin died March 23, 1929, leaving a will dated July 1, 1921, with three codicils thereto. Clause 16 of the first codicil revokes Clause 12 of the will and appoints her brother, James J. McEvoy, executor; and if he be deceased John K.…