Failor v. Schmiedel

OPINION

By STEVENS, J.

A solution of the issue presented requires a construction of the terms of the will of Henry Schmiedel.

The cardinal principle governing the construction of wills is the determination of the intention of the testator from the words used by him in his will.

What did the testator mean when he said “All my property * * * shall go to my wife to be hers so long as she bears my name”?

No authority has been cited by counsel for any of the parties wherein courts have construed the precise words here used.

It seems apparent to us, however, that when the testator used the words “so long…