(dissenting).
*209I regret that I feel compelled to dissent. To me there is no question but that the parties claim adverse legal interests. Plaintiff asserts a specified vested interest and defendants deny and controvert that claim. This presents an actual controversy that the court should settle. If plaintiff’s complaint showed that no dispute existed, it should have been dismissed on motion of defendants. But they elected to deny plaintiff’s claim in their answer. The controversy which they thus raised should be heard and determined.