Webster's Trustee v. Webster
Court of Appeals of Kentucky
Case 108 — PETITION EQUITY APPEAL PROM HARDIN CIRCUIT COURT. 1. In construing a will parol evidence will be admitted to enable the court to give the testator’s language such an interpretation as it is reasonable to presume from the circumstances in which lie was placed he intended it should receive ; or to put the court in the place of the testator.
Read the full summary
Case 108 — PETITION EQUITY APPEAL PROM HARDIN CIRCUIT COURT. 1. In construing a will parol evidence will be admitted to enable the court to give the testator’s language such an interpretation as it is reasonable to presume from the circumstances in which lie was placed he intended it should receive ; or to put the court in the place of the testator. (1 Rediield on Wills, 496.) 2. The intention of the testator is the law of his will, and it is a cardinal rule in the construction of wills that the intention is to be collected from the whole .will, and that the intention thus ascertained must…
1Opinion of the Court
JUDGE BENNETT
delivered tiie opinion oe tiie court.
The will of A. R. Cunningham makes the following provisions in i-eference to his five children :
“Third — I have advanced to my son-in-law, William E. Curd, and my daughter, Lizzie Curd, his wife, the sum of $10,000, and they are not to receive anything further from my estate until my wife receives the amount *635-herein devised to her, and' until all my other children, to-wit: Euphemia R. Cunningham, Jlettie Cunningham, Sallie Cunningham and Malvina Cunningham, shall each receive from my estate $10,000, so as to make them equal with my said…
2Cited by10 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Calloway v. CallowayCourt of Appeals of Kentucky · 1916
- Radford v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1919
- Hanna v. PrewittCourt of Appeals of Kentucky · 1913
- Spacey v. CloseCourt of Appeals of Kentucky · 1919
5 more not listed; retrieve them via the Exa API.