Graves v. First National Bank in Grand Forks

I dissent in part. I agree with syllabuses 1 and 2 of the majority opinion. I also agree that a provision in a will professing to set up a trust creating a motive for terminating the family relation of husband and wife may be held invalid as being contrary to public policy. However, this case is not ripe for that determination on the record before us. It is correctly stated in the ma-j ority opinion that “ * * * no testimony was taken in county court, the only thing before us is the will.” That there may be exceptions to the general rule is clearly shown by the cases cited in the majority…