Fell v. McCready

Edgcomb, J. (dissenting).

I am unable to agree with the majority of my associates in the construction which is about to be given to Mr. McCready's will.

*403I quite agree with the statement of the rules which should govern us in the interpretation of this will, as stated in the majority opinion. It is very true that the underlying and controlling rule to be applied to our task is to ascertain and follow the intent of the testator. That intent, to my mind, is clear and apparent. It was not to give Mrs. McCready an absolute and unqualified life estate in the residue of decedent’s estate, but rather…