Mills v. Butler

The problem in this case concerns the proper interpretation of a clause in a will.

The testator, Frederick E. Mills, died in November of 1946. His family consisted of his wife, his son, Lucius, who is a party to this litigation, and 3 daughters, 1 of whom was totally deaf. The parents’ concern for this young woman was obvious and is a matter of record. They “wanted to provide special protection for her so that whatever she was to receive when both of them were gone would be preserved during her lifetime, because she- was a young woman.” A trust, accordingly, was set up, in part for the use and…