In re Estate of Ladd

Citations

• 94 Cal. 670
• 30 P. 99
• 1892 Cal. LEXIS 743

Syllabus

<p>Wills — Construction. — The will in this case construed, and held to war-z'ant the disti-ibution of three fourths of the estate to the wife, and one fourth only to the executors upon the trusts set forth in the will and codicil, instead of one half thereof, as claimed by appellants.</p> <p>Id.—Construction of Codicil — Change of Terms of Will.—It must be assumed that the testator, at the time of making the codicil, used the terms therein with reference to the provisions of the will as they would be construed under the facts then existing, and with a knowledge of what property the will provided that the executors should hold in trust, and that he intended that no further change should be made in his will than that expressly declared in the codicil.</p> <p>Id. — Effect of Codicil — Republication of Will as Modified — Modification of Single Clause. — The execution of a codicil has the effect to republish the whole will, as modified by the codicil, as of the date of the codicil; and its effect is not limited to a republication of the only clause which the codicil purports to modify.</p> <p>Id.—Construction of Will and Codicil — Revocation. — The whole of the original will and codicil are to be construed as a single instrument executed at the date of the codicil, and of which all the parts are to be construed so as, if possible, to form one consistent whole; and the codicil will not be construed to disturb the dispositions of the will further than is absolutely necessary to give effect to the codicil; nor will a clear disposition made by the will be revoked by a doubtful expression or inconsistent disposition in the codicil.</p> <p>Id. —Single Modification of Will by Codioil— Implied Negative. — A determination expressed in a codicil to make an alteration in the will in one particular negatives by implication any intention to alter it in any other respect.</p>