Lidgate v. Danford

Citations

• 23 Haw. 317
• 1916 Haw. LEXIS 10

Syllabus

<p>Wills — construction—conflicting clauses — general anú, specific provisions.</p> <p>A conflict between two provisions in a will is not to be regarded as irreconcilable unless, after the application of the several rules of construction, substantial harmony is found impossible. Where there is an inconsistency between a general and a specific provision both may operate, the latter upon the property named in it and the former upon other property.</p> <p>Same — distribution per capita.</p> <p>Where the income from certain property devised in trust is directed to be paid to the children and certain named grandchildren of the testator in equal shares the beneficiaries will take per capita unless the will shows a different intent on the part of the testator.</p> <p>Same — refusal of widow to accept testamentary provision — acceleration.</p> <p>Where a will provides for the payment to the testator’s widow for life of a share of the income of the residue of the estate which is devised in trust, such income, upon her death, to be paid to other beneficiaries, and the widow elects to take her dower, the other beneficiaries become immediately entitled to receive all the income from so much of such property as may remain.</p> <p>Words and Phrases — “share and share alike.”</p> <p>'The phrase “share and share alike” ordinarily imports an equal division in severalty.</p>