Heirs of Mills v. Wylie

Carleton Harris, Chief Justice.

There is an old adage “Hard cases make bad law”. The circumstances of this case are such that the old adage can be understood for actually our holding in this case may not be in accord with the actual intention of the testator— existing in his mind—but certainly it is in accord with long established law that the court’s finding shall be based on the intention of the testator—as expressed by the language of the will. Appellants are the heirs of Oliver W. Mills, consisting of six persons, but actually it appears that there are approximately ninety-three persons…