 | Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - Law reports, digests, etc - 1825 - 614 pages
...in fee simple, under the devise to them, of the tract of land called Lay Hill, upon the principle, that the intention of the testator, to be collected from the whole of the will taken together, must prevail; and the main argument is founded upon the introductory clause... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...in fee simple, tinder the devise to them, of the tract of land called Lay Hill, upon the principle, that the intention of the testator to be collected from the whole of the will taken together, must prevail; and the main argument is founded upon the introductory clause... | |
 | Francis Patrick Kenrick - Christian ethics - 1841 - 456 pages
...conditione et gentium jure com(i) Clem. Exivi §. Utrum etiam. (2) Cap. Si haeredes; de test. (3) " The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful, or inconsistent with the rules of law." Kent's Comrn. vol.... | |
 | James Kent - Law - 1848 - 798 pages
...object of inquiry ; and to this object technical rules are, to a certain extent, made subservient. The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful, or inconsis*535 tent with the rules of *law.k The control... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1851 - 1054 pages
...nonsuit. A rule nisi having been obtained accordingly, Greenwood and Montague Smith shewed cause. — The intention of the testator, to be collected from the whole will, is, that, in the event of the death of Ann Elliott Sawday without issue, the children of the Baileys... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...passes a fee. (McLean v. McDonald, 2 Barb. 534.) No technical words are necessary to devise a fee, and the intention of the testator, to be collected from the whole will, is to govern. (Jackson v. Babcock, 12 John. 389.) These principles are adopted by the revised statutes,... | |
 | Québec (Province), Andrew Robertson - Law reports, digests, etc - 1864 - 548 pages
...Held, 1. That ' the paramount duty of courts in construing wills is to ascertain and give effect to the intention of the testator, to be collected from the whole will, and not from any particular word or expression in it. 2. That in the case submitted, a legacy " to... | |
 | Thomas Nesbitt McCarter - Equity - 1867 - 612 pages
...deceased child, who was deceased at the time of the execution of the will. But he determined that such was the intention of the testator, to be collected from the whole will. He expressly disclaimed any intention of infringing upon the general rule. Jarow v. Pond (9 Sim. R.... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 776 pages
...the will to the children of John Liversnge, there was a forfeiture ; but here, the question turns on the intention of the testator, to be collected from the whole will. This was a devise of a burgage tenement, and it can hardly be supposed that the testator who in the... | |
| |
The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful, or inconsistent with the rules of law. 
