Watson v. Blackwood

Citations

• 50 Miss. 15

Syllabus

<p>1. 'Winns — Construction thereof.— Courts will look at the circumstances which surrounded the testator, and will through these means put themselves in his place, and then apply the terms of the instrument to its subject matter and objects. 2 Jaun. on Wills, p. 741. All parts of a. will are to be construed in relation to each other, so as to form, if possible, a consistent whole. 16 Vesey, 314.</p> <p>2. Same — Same.— Although there may be apparent inconsistency in several parts of a will, yet if there be clearly discerned a general intent, that should prevail and overrule the particular — although the latter he first expressed. The governing intent ought to control in the construction, if it can be made compatible with the import of the language used. Chase v. Lockerman, 10 Gill & John., 206.</p> <p>3. Same — Case in Judgment.— The testator in his will directed that his son by a former marriage, who was not living with the family and received no benefit from the estate during the life of the widow —• to whom all the property was loaned for life — should have a certain slave at a fixed price,- and to share equally in the estate. Held, that the liens of such son should not be charged with the value of the slave before participating i» the distribution of the estate.</p>