Estate of Pearsons

Citations

• 2 Coffey 250

Syllabus

<p>Wills—Intention of Testator—How Determined.—In construing a will the aim of the court is to arrive at the intention of the testator by an examination of the will, and the circumstances surrounding its execution, and the age and experience of the testator.</p> <p>Wills.—The Provisions of the Will in this case show that the testator divided his property into two classes: First, the property held jointly with his aunts; and, second, all other property.</p> <p>Wills—Technical Words—When Given Popular Meaning.—When a testator is not versed in the meaning of technical terms, it should be presumed that he used his words according to their ordinary meaning and in their popular sense. The words of a will should not be subjected to such a strain as to force them out of the natural channel of construction into the narrow legal groove in which the testator’s mind was clearly not accustomed to travel.</p> <p>Wills—Technical Words—When Given Their Popular Meaning.—It is the duty of the court to look for general intent of the testator, to put itself in his place, to regard coexistent circumstances, and, if a technical construction of words and phrases is at variance with the obvious general intention, to apply a rule of interpretation which will give to language its ordinary effect.</p> <p>Wills—Construction.—While It is True that a Will Takes Effect Only from the Date of the death, it may be construed according to the circumstances and the facts existing in the mind of the testator at the date of execution. Whenever a testator refers to an actual existing state of things, or to what he considers to be such a state, his language is referential to the date of the will and not to what may exist at the time of his death, which is a prospective event.</p>