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· 11/17/1902

Gueydan v. Montagne

Citations

  • 109 La. 38
  • 33 So. 61
  • 1902 La. LEXIS 105

Syllabus

<p>CONTEST OP WILL — ESTOPPEL—CONSTRUCTION OP WILL.</p> <p>1. By the fact of their having been parties to the probate proceedings, the heirs are not es-topped from contesting the will.</p> <p>2. A will, by which a'testator, whose power of disposal is limited, gives to a particular person in general terms all that the law will permit him to give, and then proceeds to give to the same person the entii-e residue of his estate, evinces unmistakably an intention on the part of the testator to give to the person in question all that by law he is permitted to give, and that intention must be given effect.</p> <p>3. The several clauses of a will must be so interpreted as to be made to harmonize, if possible, and so as to give effect to all, if possible.</p> <p>(Syllabus by the Court.)</p>

Judges: Provosty

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