Hays v. Adair

(dissenting) :

Being of the opinion that the order of the lower court properly carries out the intent of the testator, I respectfully dissent and would affirm.

I am in accord with the circuit judge and would adopt the reasoning of his order, from which I quote extensively as follows:

“It is clear from the above-quoted paragraph [Item 5 quoted in majority opinion] of Mr. Stone’s Will that Mrs. Stone had the right to the use of income during her lifetime; but it is equally clear, from the unambiguous language of *298the very same sentence in the Will by which the right was given her, that she was…