 | Alabama. Supreme Court - 1894 - 744 pages
...construction, of a will. — The cardinal rule, the one above all others — for the construction of wills, is to ascertain the intention of the testator, and to give it effect. 2. D'winhfritatice of lite hrir. — It is a maxim of the common law that the heir-at-law cannot be... | |
 | Georgia. Supreme Court - 1855 - 682 pages
...controversy. The first object of a Court in construing a will, should be to discover, if possible, the intention of the testator, and to give it effect, if it be legal ; or, to vary the phraseology, effect should be given to the intention, whenever it is not... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1915 - 808 pages
...WIFE'S SERVICES— See DAMAGES (1-3). WILLS. 1. The first and most important rule to be observed In construing a will is to ascertain the intention of the testator and to give effect to that intention if it is legally possible; the entire instrument must be considered in ascertaining... | |
 | Georgia. Supreme Court - 1855 - 700 pages
...controversy. , . ..... The first object of a Court iji construing a will, shouhl .be to discover, if possible, the intention of the testator, and to. give it effect, if it be legal ; or, to varj the phraseology, effect should be given to the intention, whenever it is not... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1903 - 800 pages
...view is correct, the case must be affirmed ; if she took a fee, it must be reversed. The purpose in construing a will is to ascertain the intention of the testator, and, when that intention is ascertained, it must be given effect, unless in violation of some rule of law.... | |
 | Frank Sumner Rice, William Lawrence Clark - 1904 - 902 pages
...McFarland, 177 II1. 208, 52 NE 281 ; Davis v. Ripley, 194 111. 399, 62 NE 852.) The paramount rule, however, is to ascertain the intention of the testator, and to give it effect if not prohibited by the law. The purpose of construction is to give a will the interpretation and meaning... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1915 - 858 pages
...denied December 15, 1914.] 1. WILLS. — Construction. — Intention of Testator, — The purpose in construing a will is to ascertain the intention of the testator, and to effectuate same, unless it contravenes some rule of law ; and, In ascertaining such intent, the whole... | |
 | Indiana. Appellate Court - 1907 - 838 pages
...573; Harris v. Carpenter (1887), 109 Ind. 540; Hoover v. Hoover (1889), 116 Ind. 498. The purpose in construing a will is to ascertain the intention of the testator, and to carry it out, so far as the same may not interfere with the established 2. rules of law. Fowler v.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1915 - 986 pages
...Adams v. Dennis, 76 Neb. 682, and Fisher v. Fisher, 80 Neb. 145. The proper function of a court in construing a will is to ascertain the intention of the testator and to uphold his wishes, if not forbidden by some positive rule of law. The appellant states the question... | |
 | 1916 - 1226 pages
...682, 107 NW 865 ; Fisher v. Fisher, SO Neb. 145, 113 NW 1004. [2] The proper function of a court In construing a will Is to ascertain the intention of the testator and to uphold his wishes, If not forbidden by some positive rule of law. The appellant states the question... | |
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The purpose of construing a will is to ascertain the intention of testator and to give it effect, unless contrary to some positive rule of law. 
