Gowthorpe v. Goodwin

This case was commenced in Calhoun County Circuit Court for construction of the probated last will and testament of Walter S. Butterfield, deceased, by trustees of certain testamentary trusts created under the will.

Butterfield, who, during his lifetime, owned an extensive chain of theaters in Michigan, died in 1936 leaving a will which had been carefully drawn by distinguished counsel and executed in 1933.

The narrow question arises under paragraph 27 of the will which provides as follows:

"27. Subject to the preceding annuities and conditions attached thereto, I direct my said trustees to pay…