Cannistra Estate

Opinion by

Me. Justice Bell,

A difficult question is presented by this appeal: Can a testamentary trust be terminated upon the petition of a nephew and niece who are beneficiaries thereunder?

No rule regarding wills is more settled than the great General Rule that the testator’s intent, if it is not unlawful, must prevail! This is the reason why so many cases continually proclaim that the pole star in the construction of every will is the testator’s intent. Moreover, “The testator’s intention must be ascertained from the language and scheme of his will: fit is not what the Court thinks he might…