O'Leary v. Mcguinness

The plaintiff, individually and as executor and trustee under the will of Katherine E. Price, appealed from so much of the decree of the Probate Court for the district of Greenwich as admitted to probate a purported codicil to that will. The trial court sustained a plea to the jurisdiction and rendered judgment dismissing the appeal on the ground that the plaintiff is not a person aggrieved by the decree. From that judgment this appeal has been taken. By the thirteenth and fourteenth articles of the will, set forth in full in the footnote,1 the testatrix bequeathed her residuary estate ""to my executors hereinafter named,"" to be paid by them to such charities as they in their absolute discretion shall unanimously select or in ""the event that my charitable purpose, as above stated, fails"" then to the executors or the survivor of them absolutely,