In re Estate of Granniss

Citations

• 3 Coffey 429

Syllabus

<p>Wills—Constructions Which Lead to Intestacy.—Such an interpretation should, if reasonably possible, be placed upon the provisions of a will as will prevent intestacy, total or partial. Ordinarily the presumption is that the testator designed to dispose of his entire estate, and the instrument will be so construed, unless the contrary is clearly shown by its terms or by evidence.</p> <p>Wills are to be Liberally Construed so as to Effectuate the Intention of the testator, and it is the duty of courts to search for a construction that will carry such intention into effect.</p> <p>Wills.—A Devise or Bequest of the “Residue” passes all the property which the testator was entitled to devise or bequeath at the time of his death not otherwise effectually disposed of by his will, unless it is manifest from the context or from the provisions of the will that the testator used the word in some more restricted sense.</p> <p>Wills—Residuary Clause—Declaration that Property is Separate.— A will making certain bequests, and giving all the residue of the property to the daughter of the testator, passes to her all the property which he was entitled to dispose of at the time of his death and not otherwise effectually devised or bequeathed; and such residuary gift is not affected by a subsequent declaration in the will that all the estate therein devised is separate property.</p> <p>Community Property.—Where the Only Earnings of the Testator, after his second marriage, were $900 during a period of eight years, while the appraised value of his estate was over $88,000, it was in this ease held, following the rule that there is no presumption that the testator supported the family out of his separate estate and preserved the community funds intact, and considering the smallness of the sum earned as compared with the value of the whole estate, that the entire estate was separate property.</p> <p>Community Property.—The Sums Gained by Two Investments in this ease of a portion of the te