Swayze's Estate, Dean v. Bennett

The particular portion of the will in question is the hotel provision reading: “I direct my executor to reduce sufficient of my estate to cash, such cash to be utilized for the erection and maintenance of a modern hotel at Virginia City, Montana, where no intoxicating liquors are to be sold at any time, said hotel to be maintained as a memorial to me, and I direct my executor to cause the formation of a corporation to be known as the Mary Swayze Memorial Hotel Company, to which corporation said hotel is to be conveyed and by which it is to be maintained and operated.”

At the hearing appellant…