Miller v. Hirsch

Citations

• 110 La. 259
• 34 So. 435
• 1903 La. LEXIS 622

Syllabus

<p>WILLS — CONSTRUCTION—ESTATE DEVISED.</p> <p>1. The testatrix devised to her three grandnieces “my three (3) unimproved lots lying next to the corner of C. & M. streets in the city of Shreveport.” Afterwards she executed ■a document reciting; “To prevent any trouble in regard to my will I wish to state * * * that I do will and bequeath unto my three grandnieces three lots owned by me with all the improvements thereon. These same lots are located on the corner of C. & M. streets in the city of Shreveport.” The testatrix owned two lots, with insignificant improvements upon them, at the corner of the two streets in question, and also another lot at the middle of the block, and separated from the two lots at the corner by an intervening built-up lot. The lot at the middle of the block was an improved lot, which had been her home during the entire time of her married life of 20 years, and of her residence in Shreveport; and she was in the habit of referring to it, both before and after making the will, as her home place, whereas she would refer to her holding at the corner as the lots at the corner, and, after making the will, as the property given to her grandnieces. Under these circumstances, and others indicative of the intention of the testatrix, held that the home place was not meant to be included in the . bequest.</p> <p>2. In case of doubt, that interpretation is preferred which approximates closest the legal order of distribution.</p> <p>(Syllabus by the Court.)</p>