Legal Opinion · Dissent

Boutelle v. Renshaw

Supreme Court of Minnesota

Decided July 14, 1944No. 33,765Published

1DissentStreissguth, Justice

Because I feel that the majority has gone out of bounds in the field of judicial interpretation of wills and trespassed upon the forbidden field of making wills, I must respectfully dissent from its opinion.

The will under consideration was not prepared by an unskilled layman, unpracticed in the art of will-drafting and unimpressed with the importance of exactness and accuracy in testamentary language, but by a lawyer of recognized ability, capable of precision and exactness in the use of words. This circumstance is to my mind controlling and distinguishes this case from those cited in the…

2Cases cited5 opinions

  1. Post v. . HoverNew York Court of Appeals · 1865
  2. In re the Estate of BarrettNew York Surrogate's Court · 1931
  3. Radintz v. Northwestern National Bank & Trust Co.Supreme Court of Minnesota · 1940
  4. In Re Estate of ConveySupreme Court of Minnesota · 1929
  5. In re Northup's WillAppellate Division of the Supreme Court of the State of New York · 1904

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