Davis Trust Co. v. Elkins

The decision is, in my view, wholly repugnant to the clear intention of the testator, disclosed by the plain language and reasonable scheme of the will. (The instrument, which I submit is free from ambiguity in all of its parts, appears in the footnote). As conceded in the opinion, it was “admittedly drawn by an able attorney”, under the direction of “a man (the testator) of education and intelligence”, who had reached a high state of mental maturity through “long and varied experience in business affairs” and by serving “his state and nation in political office of high rank”. After…