Estate of Willson

Citations

• 6 Coffey 34

Syllabus

<p>Wills—Interpretation of Technical Terms—Testament Drawn by Notary.—The rule of relaxation in the interpretation of technical words in a will, when the instrument has been drawn by “an unskilled hand,” is here discussed in relation to a will drafted by a notary public.</p> <p>Wills—Intention of Testatrix—How Ascertainable.—In interpreting paragraphs of a will the intention of the testatrix must be found in the contest, and it must accord with the law. The question is not what she meant, but what her words mean; and the intention must dearly appear to be lawful.</p> <p>Wills—Direct Devise or Void, Attempt to Create Trust.—A devise in this case to the executor of the will as trustee for two designated beneficiaries “and the survivor of them for and during their lifetime” (both of whom predeceased the testatrix), and thereafter to “convey and transfer” the property to certain named persons, is held not a. direct devise but a void attempt to create a trust.</p> <p>Wills—Meaning of Word “Children.”—In the ordinary and grammatical sense the word “children” implies immediate offspring. This, is its natural and primary sense.</p> <p>Wills—Canons of Construction—Duty of Courts to Obey.—In interpreting wills courts are bound to carry out canons of construction, no matter how technical they may seem to those who have not studied their philosophy, and one of these rules is, most imperatively imposed, that courts must stand by the words of the will.</p> <p>Wills—Interpretation—Consideration of Extrinsic Evidence.—In determining the intention of a testatrix the court can consider the circumstances surrounding the execution of the will only when inconsistencies or ambiguities in the language used make the intention as. declared by the will doubtful.</p> <p>Wills—Interpretation—Bequest to Children.—In construing the will in this ease the court finds that the bequest to “children” in paragraphs 8 and 9 is to be construed as to a class; that it comprehends-only those who were livin