Edward McLain v. American Security and Trust Company

This appeal is from dismissal of a complaint contesting the validity of a codicil to a will. The will appointed appellant executor, made bequests to him and others, authorized the executor to give certain personal property to any person or charity he deemed “worthy of such gift,” and named two charities as residuary legatees. The codicil, executed some years later, added bequests to other persons and appointed appellee executor in place of appellant.

When appellee sought to probate the will and codicil, appellant filed the complaint which the District Court dismissed. He contended that the…