Gibbs v. Tyree

Opinion op the Court by

Judge Tilpord

— Affirming.

Alleging among other things that an actual controversy existed relative to the enforceability of an alleged agreement by the appellee, Robert Tyree, not to renounce the will of his deceased wife, Mollie Tyree, appellant, as executrix and trustee thereof, instituted this action under the provisions of the Declaratory Judgment Act (Civil Code of Practice, Sections 639a — 1 to 639a — 12 inclusive). Admitting that pursuant to the alleged agreement she had delivered certain personal property to the appellee, Ona J. Gourley, the principal beneficiary…