Lepis v. Braadt

The opinion of the court was delivered by

Hall, J.

This will construction case concerns the devolution of the remainder interest in the residuary trust under the testamentary estate of Charles E. Morton. The action was instituted by the trustees, after the death of the life beneficiary, to obtain the instructions of the court.

The problem is the usual one of the testator’s intention. Beyond the will itself, obviously prepared by a lawyer, we have no extrinsic evidence to aid us except some family history. Mr. Morton executed his will in 1946. He was then in his early seventies, as was his wife,…