Hedin v. Westdala Lutheran Church

BUDGE, J.,

Dissenting in Part and Concurring in Part.— As will be observed from a reading of the majority opinion, paragraph 6 of the will of Johan Johannesson is held to be void upon the theory that the provisions thereof are uncertain and indefinite as to the identity of the beneficiaries as a class, and as to the time and manner of the disposition of the trust. It will be conceded, as it is in the majority opinion, that the authorities are not in harmony, and that support may be found to sustain both appellants’ and respondents’ contention. Upon an examination of the authorities upon both…