Cerny v. First National Bank

(dissenting) :

I am unable to agree in the reversal of •this cause, as I am of the opinion that there was not a clear' abuse of discretion by the trial court in its selection of Barrow Neurological Institute as the claimant best suited to carry out the intent of the testator.

The conclusions reached in the majority opinion can be summarized as follows:

1. James Kidd left a valid will.

2. His will created a charitable trust, the proceeds of which are to be used for the purpose of conducting research as to the existence of a soul of the human body which leaves at death.

3. The testimony of the…