Leach v. Hyatt

In this appeal, we consider the validity of a clause in a will which gives the executor absolute discretion to dispose of the testator’s property, provided that he does not use it to enlarge his own bequest under the will.

Louis S. Hyatt (the nephew) filed a bill of complaint challenging the will of his uncle, Sidney Louis Hyatt (Hyatt), who was unmarried and had no children at the time of his death. The nephew alleged that Hyatt did not fully dispose of property listed in Clause II of his will, and that the remainder of such property should pass according to the laws of intestate succession.…