Starrett v. Botsford

Because of a considerable number of reported cases in this state which in my judgment lay down and apply a rule of law that is inconsistent with the opinion of the majority of the court in this cause, and because of the absence of cases in this state which in my judgment reject that rule, and because of certain special features of the will, I dissent from that opinion.

The fundamental problem here is to determine in what sense the testator uses the words “my legal heirs” in the sixth clause of his will. That clause must be construed in the light of the fifth and seventh clauses, in which he…