Casey v. Gallagher

In the instant cause this court is called upon to review the construction placed upon the will of John Gallagher, testator and settlor herein, by the Court of Appeals for Mahoning County.

It is settled beyond all possible doubt that the function of the court in a will construction case is to determine and apply the testator’s intention, as expressed in the language of the whole will, read in the light of the circumstances surrounding its execution.

The Court of Appeals found, and this court agrees, that John Gallagher’s will reveals a general intention or overall *47design, first to benefit his…