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This section contains the nature of the case and procedural background.

Testatrix devised the residue of her estate to Rev. Wells (D) 'to distribute same in such manner as in his discretion shall appear best calculated to carry out wishes which I have expressed to him or may express to him.' Testatrix's heirs (P) sued, claiming that the devise was invalid, and the residue should be distributed to them. D responded by claiming that Testatrix had intended that the devise be used for charitable purposes and that he was willing to affect these purposes.

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