Perry, Administrator v. Hunters.
Supreme Court of Rhode Island
A Bile in Equity for instructions by an administrator, with the Will annexed. The testator, William Hunter, executed his Will on the 29th of November, 1849, and died at Newport, It. I. on the 3d of Becember, 1849. This Will, after several specific bequests, contained the following clauses: “Ninth.
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A Bile in Equity for instructions by an administrator, with the Will annexed. The testator, William Hunter, executed his Will on the 29th of November, 1849, and died at Newport, It. I. on the 3d of Becember, 1849. This Will, after several specific bequests, contained the following clauses: “Ninth. All the residue of my funds, after providing for the discharge of the annuity and legacies hereintofore provided, and the payment of my debts as aforesaid, I hereby give and bequeath unto my two sons, Thomas R. Hunter and Charles Hunter, to be equally divided between them, to hold to them and their…
1Opinion of the CourtGreene, C. J.
In construing a will, we admit the rule that the Court are to put themselves in the situation of the testator with reference to the property and the relative claims of his family, the relations subsisting between him and them and the circumstances which surrounded him.
But this rule is intended to aid in the construction of the will, where the provisions are doubtful or may admit of more than one interpretation, but not to control the plain meaning of the language of the will. Where this language is clear and explicit it must prevail.
We think the testator’s will shows clearly, that he intended…
2Cited by2 opinions
- Manufacturers National Bank of Troy, NY v. McCoySupreme Court of Rhode Island · 1972
- Gee, for an OpinionSupreme Court of Rhode Island · 1922