School District No. 1 v. International Trust Co.

This action involves the construction of a will. The testator thus describes himself in the opening paragraph:

“I, Fitz-James MacCarthy, newspaper writer of Denver, Colorado, and commonly known by my quill name, FitzMac, which is the first part of both my names, make this my last will and testament, completely cancelling and revoking all other wills heretofore at any time by me made.”

MacCarthy was of that type of newspaper writers, fast passing, if not wholly passed, typical of the earlier days of the Golden West. These were buoyant, cheerful dreamers and prophets, whose enchanting stories…