New England Trust Co. v. Scheffey

The law applicable to this case is stated in Temple v. Russell, 251 Mass. 231, and Crowell v. Chapman, 257 Mass. 492, 495. The intent of the testator is to be given effect; but an intent is not to be called into being where none existed. Some of the words of a will are not to be permitted to contravene an intent fairly deduced from a study of the whole will in the light of the circumstances in which it was executed.

The testator by his will, executed in 1872, gave to trustees “for my grand daughters Emma G. Lund and Mary E Lund Eleven thousand dollars that is, to said Emma ten thousand dollars…