In re the Estate of Milhau

Wingate, S.

It is a familiar peculiarity of probate practice that no variety of proceeding evokes so great a diversity of contentions as an application for the interpretation of a testamentary document which involves a potential violation of the Statute against Perpetuities. The present is no exception to this rule, the positions of the several parties ranging from the assertion of the validity of all of the several parts of the single questioned clause to invalidity of the entire will.

Whereas learned and weighty briefs have been submitted on behalf of each of the parties to the litigation, it…