Dyal v. Brunt

Having written the opinion of the court, naturally I concur in it and would write no more if it were not for the new questions raised by the concurring opinion of Mr. Justice Allen which, after quoting from the will, is predicated upon the assertion: “It is clear that the widow was given the power to dispose of the property by deed or by will. . . . The real question then is whether a gift over on intestacy is good.” I think this opinion should not have been written, for two reasons:

First, the widow did not leave á will; the questions whether she was given power by the will of her husband to…