Heard v. Case

Emott, Justice.

The rule that where two parts or clauses of a will are inconsistent that which occurs last in the instrument must prevail, as being the latest expression of the testator’s mind and purpose, is in a great measure a technical rule of construction, and is not always adhered <o. Where the latter portion of a will contains specific directions or bequests, apparently inconsistent with a previous general gift, it is often if not always necessary to qualify the latter by the former, in order to effectuate the manifest intention of the testator. It is a rule without exception, and which…