| Joseph Vere Woodman - 1888 - 668 pages
...rule of construction applicable to a will is that words in general are to be taken in their crdinary and grammatical sense unless a clear intention to use them in another can be collected. If the language of a will is perfectly unambiguous and precise, it cannot be strained for the purpose... | |
| Gilbert Stuart Henderson - 1889 - 614 pages
...any rational construction of the words as they stand,* the general rule being, M we have seen, that words- in general are to be taken in their ordinary...sense, unless a clear intention to use them in another sense can be collected.6 In Kirkpatrick v. Kirkpatrick,6 where there was a gift to A and B, and if... | |
| United States. Supreme Court - 1889 - 1172 pages
...recital of or reference to its contents in another part of the will." § 1322. "The words of a will are to be taken in their ordinary and grammatical...sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained." -5 1324. "The •words of a will are to... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1889 - 808 pages
...*27<>.) A well-known rule of construction requires, in all cases, that the language of a will shall receive a construction which will give to every expression some effect, rather than one that renders any of the expressions inoperative. (2 Jarman on Wills, *842, rule 16.) Georye, G, Dutcher... | |
| Thomas Brett - 1891 - 660 pages
...constructions, that is to be preferred which will render the devise or bequest valid. 6. Words are, in general, to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another signification can be collected, and that other signification can be ascertained; and of two modes of... | |
| California. Superior Court (San Francisco). Probate Department - 1894 - 638 pages
...Terms — "Ornaments" — " Wardrobe " —CC, Sections 1318, 1324, Construed. 1. The words of a will are to be taken in their ordinary and grammatical...sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained. (Section 1324, C. C.) '2. In case of uncertainty... | |
| 1896 - 766 pages
...appellant are able to make the fourteenth clause inconsistent with the eighth. The rule, however, is " that words in general are to be taken in their ordinary...give to every expression some effect, rather than one that will render any of the expressions inoperative.'' (1 Redf. Wills, p. 428, quoted from Jarman.)... | |
| Frank Sumner Rice, William Lawrence Clark - 1897 - 806 pages
...void. 15. "That favor or disfavor to the object ought not to influence the construction. 16. "That words in general are to be taken in their ordinary...another can be collected, and ' that other can be ascertamed; and they are, in nil cases, to receive a construction which will give to every expression... | |
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