Whiting v. Whiting
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Chi-sago county, Crosby, J., presiding, reversing a decree of the probate court, and assigning the estate of Erasmus D. Whiting, defendant’s testator, to the persons adjudged entitled. The plaintiff claims under the following provisions of the will: “Seventh.
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Appeal by plaintiff from a judgment of the district court for Chi-sago county, Crosby, J., presiding, reversing a decree of the probate court, and assigning the estate of Erasmus D. Whiting, defendant’s testator, to the persons adjudged entitled. The plaintiff claims under the following provisions of the will: “Seventh. I give and bequeath unto Frederick D. Whiting, son of my said deceased brother John, all the live stock of every kind and all the personal property of whatever nature that I may have at the time of my decease upon my farm now occupied by the said Frederick D. Whiting, said…
1Opinion of the CourtMitchell, J.
The only question on this appeal is, what estate did the appellant take in certain lands under the will of Erasmus D. Whiting ? And this depends entirely upon the construction and legal effect to be given to the latter part of the seventh subdivision of the will. The testator has thrown together a number of provisions, evidently without any clear comprehension of their legal import; but the cardinal canon for the construction of wills is that the general intent of the testator overrides all mere technical and grammatical rules of construction. This intent is to be ascertained from a full view…
2Cited by10 opinions
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Attorney General ex rel. Wolverine Fish Co. v. A. Booth & Co.Michigan Supreme Court · 1906
- Wilson v. LinderIdaho Supreme Court · 1910
- Anderson v. BrowerSupreme Court of Minnesota · 1921
- Youngers v. SchaferSupreme Court of Minnesota · 1936
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