Legal Opinion

Mosgrove v. MacH

Supreme Court of Florida

Decided July 14, 1938PublishedCited by 17 opinions

1Opinion of the CourtWhitfield, P. J.

-—In construing the will of a testator, the controlling objective is to determine from the entire written instrument the testamentary intent; and if such ascertained intent is not contrary to law or public policy and it is capable of being made effective to accomplish testator’s intent with respect to the subjects, objects and purposes as expressed in the will, such ascertained legal intent should be carried into effect.

“In the construction of a will, the intention of the testator, as therein expressed, shall prevail over all other considerations, if consistent with the principles of law. To…

2Cases cited22 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  3. Steiff v. SeibertSupreme Court of Iowa · 1905
  4. Lines v. DardenSupreme Court of Florida · 1853
  5. Allen v. HuntMassachusetts Supreme Judicial Court · 1913

17 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Richards v. WestDistrict Court of Appeal of Florida · 1959
  2. McKean v. WarburtonSupreme Court of Florida · 2006
  3. Filkins v. GurneyDistrict Court of Appeal of Florida · 1959
  4. Barritt v. TomlinsonDistrict Court, S.D. Florida · 1955
  5. Brickell v. DiPietro Ex Rel. DiPietroSupreme Court of Florida · 1940

12 more not listed; retrieve them via the Exa API.

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