Findley v. City of Conneaut

At the outset we deem it both pertinent and proper to say that, in cases involving the construction of wills, the sole function of the court is to ascertain and give effect to the intention of the testator. Such intention must be ascertained from the words ■ employed in the will by giving to such words their usual and ordinary meaning. See Townsend’s Exrs. v. Townsend, 25 Ohio St., 477. It is not the function or the province of a court to make a new and different will for a testator under the guise of construing the will made by him.

We, are dealing here with a charitable trust. Where…