Byrd v. Caruth

CHADICK, Chief Justice.

This action was brought under the provisions of Vernon’s Ann.Tex.Rev.Civ.Stat. Ann. art. 2524 — 1 (Uniform Declaratory Judgment Act) for judgment declaring the estate of Mattie Caruth Byrd, deceased, “ . . . owns and is entitled to recover all of the income from the Mattie Caruth Byrd Trust which accrued up to the date of the death of Mattie Caruth Byrd . . . ” and for related purposes including general legal and equitable relief. *850Plaintiffs in the trial court and appellants here are the Independent Co-Executors of the will of Mattie Caruth Byrd, deceased, and the…