Rhoton v. Blevin

Citations

• 99 Cal. 645
• 34 P. 513
• 1893 Cal. LEXIS 733

Syllabus

<p>Will—Exclusive Bequest to Wife—Intentional Omission of Gbandchildben. — The intention of a testator to bequeath and devise all his property to his wife to the exclusion of the issue of his deceased children, as well as his chil Iren, is clearly apparent from the terms of a will bequeathing all the testator’s property to his wife, which recites that the testator knows that she “will ever continue the same kind, devoted mother to our children which she has so thoroughly proven herself on all occasions. I make no provisions for said children further than herein mentioned,” and “in thus bequeathing all my estate to my wife to the exclusion of all my chidren, I am moved by no want of paternal affection for any of said children, but by the belief that their own interests will be better served thereby, and well knowing that my wife will make the best use and disposition of the estate.”</p> <p>Id.—Teems of Will must Show Intention to Omit.—In the determination of the question as to whether or not the children of the deceased children of a testator were intentionally omitted from the will, the face of the will itself must be looked to, and in order to show that the omission was intentional the words of the will must show that the testator had the persons omitted in his mind, and having them so in his mind, has omitted them from the provisions of the will.</p> <p>Id. — “Children” may Include Gbandchildben.—Though the term “children” must ordinarily be presumed to have been used in a will in its primary and natural sense, yet where the will on its face, taken as a whole, clearly indicates an intent in the mind of the testator at the time of making of the will to use the terms in an enlarged sense, so as to include the issne of deceased children, it will be so interpreted.</p> <p>Id.—Construction of Will—Intention of Testator.—A will is to be construed according to the intention of the testator; and if his intention cannot have effect to its full extent it must have effect a