Crosby v. Wendell

Citations

• 6 Paige Ch. 548

Syllabus

<p>Where a testator declared it to be his will that his wife should continue to reside with his children in his dwelling house and retain in her possession the plate, furniture, &c. during her widowhood, if his children should continue to live with her; and in case of her re-marriage, and his children should not continue to live with her, that ahe should deliver the plate, furniture, &c. to his executors for the use of bis children ; and that the executors should receive the rents and income of his estate until the youngest child should attain the age of fourteen, and should apply so much thereof as should be necessary for the support of his minor children ; and that from and immediately after the youngest child attained the age of fourteen years, if his wife should then have married, he devised the dwelling house to his son Philip in fee ; and devised all the residue of his estate to bis children as tenants in common; Held, that the wife took an estate in the dwelling house to continue after the youngest child arrived at the age of fourteen if she then remained unmarried and the children lived with her; and that Philip took a vested remainder in fee in the dwelling house after the youngest child became fourteen, to commence in possession so soon thereafter as the wife’s estate should have terminated, by her marriage or otherwise ; and that such remainder to him was not intended by the testator to be limited upon the contingency of the widow’s having married a second time before the youngest child arrived at the age of fourteen:</p> <p>Tfie intention of the testator is the polar star to guide in the construction of a will; which intention does not depend upon any particular clause standing by itself, but is to be gathered from the whole will taken together. And where the testator’s intention is manifest it must prevail, if it is not contrary to some positive or settled rule of law ; although it may be necessary, in order to give effect to such intention, to depart f