White v. Alexander

EXUM, Justice.

The Court of Appeals erred insofar as it decided that the testatrix’s son, Sam, was to share in the estate devised ultimately “to my heirs,” a class which it properly held under this will should be fixed and identified at testatrix’s death.

In construing this will we are well reminded that:

“The epigram of Sir William Jones over 250 years ago ‘no will has a brother’ has been often quoted by the courts. (Citations omitted.) Two wills rarely use exactly the same language. Every will is so much a thing of itself, and generally so unlike other wills, that it must be construed by…