Boston Safe Deposit & Trust Co. v. Stratton

These are petitions for instructions as to the meaning of clauses in the will of Ira Stratton.

The rule for the construction of wills, briefly stated, is that the intention of the testator is to be ascertained from the whole instrument, attributing due weight to all its language, and then to give effect to that intent unless prevented by some positive rule of law. Ware v. Minot, 202 Mass. 512, 516. Temple v. Russell, 251 Mass. 231, 535.

The testamentary words and the facts to which this rule is to be applied in the case at bar are as follows: By clause *471Fourth of his will the testator created a…