Nuhse v. Peterson

Citations

• 101 Wash. 572

Syllabus

<p>Wills—Construction—Lands Intended — Supplied Description. Where a testator only owned the southwest quarter of a section and intended to devise all of it to different persons, but only properly described the southeast and the southwest quarters of the tract, a devise to John Nuhse of “40 acres lying between my northeast corner and the south line of John Nuhse property” (which was testat- or’s north line) will be construed as referring to the “northeast corner” of the testator’s home place, which was his southeast quarter, and as devising the northeast quarter of the southwest quarter of the section.</p> <p>Same. In such case, a further devise to the same devisee of “also all property I own on the east side of the N. W. % of see. 33,” will be held to refer to all the property on the “east side” of a county road running diagonally through the northwest quarter of the southwest quarter of the section.</p> <p>Same. In such case, a further devise to another,. to whom the adjoining southwest quarter of the southwest quarter had been devised of “also all left of the N. W. of the same section,” will be held to devise all left of the northwest quarter of the southwest quarter of the section.</p> <p>Wills—Construction. The testator’s intention must be gathered from the language of the will, construing all the provisions together, omitted words may be supplied, and the will liberally construed to effectuate the testator’s intention and, when possible, to sustain the right to dispose of one’s property by will.</p> <p>Ellis, C. J., dissents.</p>