Montgomery v. Montgomery

THOMAS, Justice.

This appeal involves the construction of certain sections of a will.

A declaratory judgment under the act is invoked to that end. General Acts of 1935, p. 777; Bochard on Declaratory Judgments, pp. 64, 65, 512 et seq.; Teal et al. v. Mixon, 233 Ala. 23, 169 So. 477. Since it is a matter of public as well as private interest' that certainty prevail as to. the ownership and possession of property, where there are adverse claimants, a justiciable question, an actual controversy is presented under the act. Louis Walton Montgomery, Non Compos Mentis, by his Guardian ad litem, v.…