How have the courts interpreted a will in the absence of a fiduciary relationship between a testator and the testator?

"New York", United States of America

The following excerpt is from Kellogg v. Burdick, 187 N.Y. 355, 80 N.E. 207 (N.Y. 1907):

In this connection the respondents have called attention to the case of Brigham v. Wheeler, 49 Mass. 127. A testator, by his will, gave real and personal property to the children of his nephew and their heirs and assigns forever, and appointed their father to be their guardian, without giving bonds, for the purpose of receiving and managing said [187 N.Y. 367]property so given. It was held that said appointment of a guardian was void, for want of authority in the testator, and that the will could not be so construed as to vest an estate in trust in the father of the children.

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