Hills v. D'Amours

Subject to exception by the trustees, evidence was received in the course of the hearings which was descriptive of the “general plan” referred to in the Hills will insofar as such a plan was disclosed to Stedman Hills during the testator’s lifetime. It is difficult to justify receipt of this evidence unless it was competent upon the question of the exercise of discretion by the Creutzborg trustee. It was clearly incompetent in aid of construction of the Hills will, or to restrict its broad provisions within the narrower confines of a particular plan. The law is too well settled to require…