Howard v. Cole
Court of Appeals of Kentucky
CASE 103. — ACTION BETWEEN DAVID HOWARD AND OTHERS AND JANE COLE AND OTHERS POR A CONSTRUCTION OP THE WILL OP W. H. COLE, DECEASED. Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge.
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CASE 103. — ACTION BETWEEN DAVID HOWARD AND OTHERS AND JANE COLE AND OTHERS POR A CONSTRUCTION OP THE WILL OP W. H. COLE, DECEASED. Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. From the judgment Howard, &c., appeal. 1. It is well settled that in interpreting wills the cardinal principal is to arrive at and carry out the intention of- the testator if it be lawful, and that the intention of the testator must be gathered from a consideration of the whole will together, giving to each part or clause due weight as expressing some idea of the testator in the disposition of his…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Reversing.
W. H. Cole died testate, a resident of Mason county, and a question arising as to the interest which bis wife, Jane Cole, took in bis estate under bis will, suit was- filed in the Mason circuit court for a construction of the will- and a determination of the rights of Jane Cole, widow of the deceased, thereunder. The will, omitting the formal portions thereof, is as follows: “First. It is my will and desire that so much of my personal property, preferring that which is perishable, as may be necessary, be sold *815immediately after my decease, and the…
2Cases cited2 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Bedford v. Bedford's AdministratorCourt of Appeals of Kentucky · 1896
3Cited by21 opinions
- Casey v. KelleyCourt of Appeals of Texas · 1945
- Eichhorn v. MoratCourt of Appeals of Kentucky · 1917
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Phelps v. Stoner's AdministratorCourt of Appeals of Kentucky · 1919
- Wickersham v. WickershamCourt of Appeals of Kentucky · 1917
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