Estate of Maxwell

Citations

• 1 Coffey 145

Syllabus

<p>Will—Supplying Defects by Implication.—When, from the whole will, the court can determine that the testator necessarily intended an interest to be given, which is not bequeathed by express and formal words, the court should supply the defect by implication, and so mold the testator's language as to carry into effect, as far as possible, the intention which he has in the whole will sufficiently declared.</p> <p>Will—Construction Avoiding Partial Intestacy.—The law prefers a construction of a will which will prevent a partial intestacy, to one which will permit such a result, unless a construction involving partial intestacy is absolutely forced upon the court, for the fact of making a will raises a very strong presumption against any expectation or desire, on the part of the testator, of leaving any portion of his estate beyond the operation of his will.</p> <p>Wills—Construing Parts in Relation to Each Other.—All the parts of a will are to be construed in relation to each other, and so as if possible to form one consistent whole.</p> <p>Will—Contradictory Clauses.—Where several parts of a will are absolutely irreconcilable, the latter part must prevail; but the former of several contradictory clauses is never sacrificed except on the failure of every attempt to give all such a construction as will render every part effective.</p> <p>Will.—When the Meaning of Any Part of a Will is Ambiguous or doubtful, it may be explained by any reference thereto or recital thereof in another part of the will.</p> <p>Will.—The Words of a Will are to be Taken in Their Ordinary and Grammatical Sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.</p> <p>Will.—The Words of a Will are to Receive an Interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative.</p> <p>Will.—Where a Testator Gives to B a Specific Fund or property at the death of A, and in a