Cleveland v. Delaware Trust Co.

Layton, Judge,

delivering the majority opinion of the court:

The problem presented by this appeal was caused by inexpert draughtmanship which resulted in Item 9th of the will failing to provide what should be done at the end of seven years from testratrix’ death in the event the trustee did not elect to purchase an annuity which would yield $75 monthly each to Olive Carvin Cleveland and Edward Terrence Carvin, testratrix’ sister and brother.

Item 6th directs that the sister and brother should receive $50 monthly for seven calendar years following testatrix’ death. Item 9th employs this curious…