Haag v. Stickley

I respectfully dissent.

It was “plain” to the chancellor, from a reading of the will as a whole, that the testator intended to bequeath shares to Stickley and Blye and that they would receive 95 and 94 shares, respectively. The majority agrees because it “cannot say that the chancellor misinterpreted or misconstrued the testamentary documents.” I do not agree.

In interpreting wills, it is fundamental that the testator’s intention will be given effect. Kling v. Virginia Trust Co., 215 Va. 226, 229, 207 S.E.2d 890, 893 (1974). This intention must be ascertained from a reading of the will as a…