 | Law reports, digests, etc - 1865 - 798 pages
...Charitable Bequest, Construction of — Mortmain — 9 Geo. 2. c. 36. In construing a charitable bequest it is the duty of the Court to ascertain the intention of the testator from the words of the will, without adverting to the existence of the Statute of Mortmain;... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...by Vance, or purchased by Duncan and Swayne. In construing a deed or other instrument of writing, it is the duty of the court to ascertain the intention of the parties ; and this intent, when ascertained, fixes their rights and liabilities. The first general maxim of interpretation... | |
 | Edward William Cox - Law reports, digests, etc - 1870 - 442 pages
...Ch.) Charitable bequests, construction of— S Geo. 2, c. 36.— In construing a charitable bequest it is the duty of the court to ascertain the intention of the testator from the words of uw will, without adverting to the existence of the ortmain ; and if that... | |
 | Law - 1903 - 1148 pages
...market price, and to apply what was received on such extra charge for the benefit of the plaintiff. In> the construction of written contracts It is the .duty of the court, as near as may be, to place itself in the situation of the parties, and from a consideration of the... | |
 | Law - 1886 - 942 pages
...others. Filed March 9, 1886. 1. WILL— CONS7H.OCTION — INTENTION. In the construction of a will, it is the duty of the court to ascertain the Intention of the testator, if possible, from the will itself. 2. SAME— CHILDREN— GUANDCHILDREN. In a will devising... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1886 - 682 pages
...142 'ici, WILL. — Construction. — Intention. — Evidence. — In the construction of a will, it is the duty of the court to ascertain the intention of the testator, but this must he shown in some way by the will itself, and not wholly by outside facts. SAME.—... | |
 | Law reports, digests, etc - 1915 - 1282 pages
...Martin, J., in the case of Gillet v. Bank of America, 160 NY 549, 555, 55 NE 292, 294, as follows: "In the construction of written contracts it is the duty of the court, as neaias may be, to place itself in the situation of the parties, and, from a consideration of the... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1066 pages
...purpose cannot be held to be material, so that the intention of the parties is carried out; that it is the duty of the court to ascertain the intention of the parties with reference to the subject-matter of their agreement, when that can be done; that it was the intention... | |
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In the construction of written contracts it is the duty of the court, as near as may be, to place itself in the situation of the parties, and from a consideration of the surrounding circumstances, the occasion and apparent object of the parties, to determine... 
