In re the Estate of Whitcomb

Citations

• 86 Cal. 265
• 24 P. 1028
• 1890 Cal. LEXIS 1019

Syllabus

<p>Construction of Will — Intention of Testator. —In the exposition of a will, the intention of the testator, expressed in his will, must prevail, provided it be consistent with the rules of law.</p> <p>Id. —Recommendation—Trust.— A will devising real property, and recommending the devisee to leave his portion thereof, after his death, and that of his wife, in trust for his son, and the children or descendants of such son, if any be alive at his death, and if there be none so alive, to Harvard College, does not make such recommendation obligatory, or limit the estate, or create a trust in favor of Harvard College, it appearing that the testator was a lawyer who understood fully what was necessary in order to vest a trust estate, and what he desired done with his property, and it further appearing, from the whole of the will, taken together, that when he intended trusts to exist, he said so in plain language, and when he gave persons property and made recommendations concerning it, he meant to leave them free to act upon his advice or not, as they saw fit, but did not intend in any way to limit the estates he had bequeathed them.</p>