Burton v. Irwin

Blanche Mallory's will named her brother William Burton (defendant) as "executor and trustee" of her estate, without naming any beneficiaries of a trust or otherwise using the word "trust" anywhere else in the document; Burton, who had been financially dependent on and close with Mallory, claimed the will left him the entire estate outright. Mallory's heirs at law (plaintiffs) argued the will's "trustee" language showed intent to create a trust for their benefit, and the chancery court agreed, ruling for the heirs; Burton appealed.