Rewis v. Rewis

Citations

• 79 Fla. 126
• 84 So. 93

Syllabus

<p>1. In the construction of a will, the intention of the testator, as therein expressed, shall prevail over all other considerations, if consistent with the principles of law. To this great rule in the exposition of wills, all others must bend.</p> <p>2. The courts should give effect to the intent of a testator as expressed in the will when such intent accords with law; and a will should be so construed as to give effect to every word and every part thereof without change or rejection, and the several clauses should be made to harmonize, and effect given to al), provided the effect is not inconsistent with the general intent and purpose of the testator as gathered from the entire instrument.</p> <p>3. A will cannot be construed' by a mere conjecture as to the intention of the testator; but it is the intention which the testator expresses in his will that controls and not that which he may have had in his mind.</p> <p>4. Where a devise ite to the testator’s daughter “to have and to hold during her life time and at her death to go to her living children,” only the children of the life tenant who were living at her death took remainders in the property at the death of the life tenant.</p>