In Re the Estate of Miller

The majority finds that the evidence supports a “compelling inference” that Helen Miller intended David Mackay’s right to royalties to end on a specific date in 1967. Ante at 222. I find that the evidence supports no such inference, much less a compelling one. The majority’s description of the facts is difficult to reconcile with what the record shows. The majority has misconstrued the various contracts, misdescribed important events, misinterpreted the intent of the parties and misapplied the law of contracts. I would reverse the judgment of the Appellate Division and hold that the finding…