Butler v. Butler

Plaintiffs, as trustees under the will of John Butler, deceased, on a complaint in the nature of a bill for instructions, in this action seek court approval of the contract with Margaret Butler, widow of John Butler, dealt with in the opinion. Walter Butler, a brother of the deceased, and a beneficiary of the trust, interposed an answer objecting to the contract. The trial resulted in findings and decision that plaintiffs had authority to make the contract and were entitled to judgment approving its “execution and perform- anee.” Defendant Walter Butler appeals from tlie order denying Ms…