Veditz v. Athey

HornEy, J.,

filed the following dissenting opinion, in which Prescott, C. J., and Sybert, J., concurred.

The majority, by applying a rule of construction rather than the process of interpretation in construing the last will and testament of Matilda Held, deceased, and the codicils thereto, have, in my opinion, unwittingly rewritten the testamentary disposition of a one-half interest in the home of the testatrix. To use as apt colloquialism, they have put the cart before the horse.

The interpretation of a will involves the process of ascertaining, from a reading of all the testamentary writings…