Carroll v. Carroll's Ex'r

Opinion op the Court by

Judge Richardson

— Reversing.

This action was filed under the Declaratory Judgment Act, sec. 639a-1 et seq., Civil Code of Practice, seeking a construction of the will of John D. Carroll, especially clause 3.

The testator left surviving him a widow and two sons. His son, John S. Carroll, since the death of the testator, has died, testate, leaving surviving him his mother, his brother, Lewis Carroll, and a widow, Frances Hazelrigg Carroll. John S. Carroll devised to his mother $10,000; to his brother, Lewis Carroll, an interest in certain real estate and the sum of $2,500;…