Foley v. Hastings

The informal procedure which has been followed in this action would be sufficient reason to decline to entertain this reservation. As, however, the questions propounded must of necessity be determined in some way, all the necessary parties have appeared before us, and the proper administration of trusts is peculiarly a matter calling for the aid of the court, we have decided to overlook the defects of procedure and answer the questions asked.

The questions involved arise out of the provisions in the will of Frances Z. Niles. In the Fifth Article of that instrument she gives one third of the…