Merrill v. Boal

I am obliged to dissent from the holding that the trust deed offered for probate is a testamentary instrument; that it w,as executed animo testandi, and should be admitted to probate. Mr. Davis died in 1915, and his will, with a codicil, was admitted to probate by the Probate Court of Newport, April 5, 1915. Since this time his estate has been in process of settlement under his will.

The next of kip. of Mr. Davis challenged the validity of the residuary clause of the will. Atwood et al. v. R. I. H. T. Co. et al., 264 F. 360; 275 F. 513. The Circuit Court of Appeals, First Circuit, held the…