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Session Laws, 1939
Volume 581, Page 657   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 657

of kin, or cestui que trust, in the administration of a trust,
or of the estate of a decedent, an infant, lunatic, or in-
solvent, may have a declaration of rights or legal relations
in respect thereto;

(a) To ascertain any class of creditors, devisees, lega-
tees, heirs, next of kin or others; or

(b) To direct the executors, administrators, or trus-
tees to do or abstain from doing any particular act in
their fiduciary capacity; or

(c) To determine any question arising in the admin-
istration of the estate or trust, including questions of
construction of wills and other writings.

SEC. 5. (Enumeration Not Exclusive). The enumer-
ation in Sections 2, 3, and 4 does not limit or restrict the
exercise of the general powers conferred in Section 1, in
any proceeding where declaratory relief is sought, in which
a judgment or decree will terminate the controversy or
remove an uncertainty.

SEC. 6. (Discretionary). The court may refuse to
render or enter a declaratory judgment or decree where
such judgment or decree, if rendered or entered, would
not terminate the uncertainty or controversy giving rise
to the proceeding. The Court may order a speedy hearing
of an action for a declaratory judgment, and may advance
it on the calendar.

SEC. 7. (Review). All orders, judgments and decrees
under this Act may be reviewed as other orders, judgments
and decrees.

SEC. 8. (Supplementary Relief). Further relief based
on a declaratory judgment or decree may be granted
whenever necessary or proper. The application there-
for shall be by petition to a court having jurisdiction to
grant the relief. If the application be deemed sufficient,
the court shall, on reasonable notice, require any adverse
party whose rights have been adjudicated by the declara-
tory judgment or decree, to show cause why further relief
should not be granted forthwith.

SEC. 9. (Jury Trial). When a proceeding under this
Act involves the determination of issues of fact, such
issues may be submitted to a jury in the form of inter-
rogatories, with proper instructions by the court, and
either a general or special verdict may be taken.


 

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Session Laws, 1939
Volume 581, Page 657   View pdf image (33K)
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