Rentmeister v. Desilva

CROCKETT, Justice:

(concurring, with comments).

I am in entire agreement with the decision affirming the judgment of the trial court. But it seems to me that there could be a misunderstanding as to two statements made therein. Therefore, regretting the necessity of this addendum, I feel impelled to state as follows:

1. The conclusion of the opinion states that . . if there was a mistake in drafting the instrument, it nevertheless expressed the settlor’s true intention.” This strikes me as a paradox. That is, if there was a mistake, it would not express her true intention. But the fact appears to…