Foster v. Foster

Respondents, plaintiffs below, brought this action for a declaratory judgment with respect to the rights and estates of the parties to this action under the will of John A. Foster. Appellants demurred upon the ground that the complaint did not state facts sufficient to constitute a cause of action. The court below, in its order now under appeal, overruled the demurrer, holding that a cause of action had been stated, but declining to adjudicate the merits of the controversy. We agree.

An action of this kind is specifically authorized under Section 10-2003 of the 1952 Code, which provides that…