Binns v. Vick

George Rose Smith, Justice.

The executors of the will of Pearl Vick filed this petition for a construction of its residuary clause, which reads: “All the rest and residue of my estate, whether real, personal or mixed, I give, devise and bequeath [to] Kenneth Binns to distribute among my relatives as he sees fit. ” The probate court held that the testatrix intended to create a trust, but the beneficiaries were so indefinite that the attempt failed; so the residual estate passed to Miss Vick’s heirs, by intestacy. For reversal Kenneth Binns contends (a) that no trust was intended, (b) that if a…