Gilman v. Gilman

The seventh article of the will of the testatrix gives to her executors the residue of her estate “ to be distributed at their discretion.” Read free from considerations arising from claimed rules of construction, this provision seems to clearly indicate that the testatrix desired her executors to take this property and make such disposition thereof as to them seemed best. We think, then, that the discussion of the questions raised in the reservation can properly be approached by considering, first, the claims of these defendants who contend that the gift to the executors is upon a trust too…