Harrison's Estate

Dissenting Opinion by

Me. Justice Maxey, April 25, 1938:

I think the court below was absolutely right in holding the legacies in question to be demonstrative and I would affirm its decree,

It is elementary in all Anglo-Saxon jurisdictions that “the intention of a testator expressed in his will; or clearly deducible therefrom, must prevail if consistent with the rules of law,” as Chief Justice Fuller said in Y. W. C. H. v. French, 187 U. S. 401. “The cardinal principle of testamentary construction is that the intention of the testator is to prevail, so far as it is disclosed by the language of…