Gaither v. Gaither

Opinion op the Court by

Chiep Justice Bees

Affirming.

Edgar B. Gaither, individually and as trustee of his son, Edgar B. Gaither, Jr., brought an action against Edgar B. Gather, Jr., under the Declaratory Judgment Act, Section 639a — 1 et seq., Civil Code of Practice, seeking a construction of two wills and a deed and asking the court to declare his rights, duties, and powers as trustee and individually under said wills and deed, and that he be authorized, empowered, and permitted to mortgage certain real estate for the purpose of improving the same.

E. H. Gaither, father of Edgar B. Gaither,…