Wynne v. Walthall
Supreme Court of Alabama
Appeal from the Chancery Court of' Greene. Heard before the Hon. James B. Clakk. The bill in this case was filed for the purpose of obtaining-a. judicial construction of the will of Robert K. Walthall,, deceased, which was in the following words : “ “ It is my will and desire, that all my property, both real and personal, '-shall be equally divided between my beloved wife, Margaret, and my three children, share and share alike,; that is to say, my wife shall have one share,…
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Appeal from the Chancery Court of' Greene. Heard before the Hon. James B. Clakk. The bill in this case was filed for the purpose of obtaining-a. judicial construction of the will of Robert K. Walthall,, deceased, which was in the following words : “ “ It is my will and desire, that all my property, both real and personal, '-shall be equally divided between my beloved wife, Margaret, and my three children, share and share alike,; that is to say, my wife shall have one share, and each of-my children-one share of said property, to be ■kept together, managed and controlled by my executors .and…
1Opinion of the CourtA. J. Walker, C. J.
The prime object of search in the construction of wills, is the testator’s intention, which,. if legal, is the law of the instrument. To assist in ascertaining the intention, Various rules have been framed, one of which, being a suggestion of the plainest common sense, is, “that all the parts are to be construed in relation to each other, and so as, if possible, to form one consistent' whole.” — 2 Jar. on Wills, 741, § 7. The import of other parts of the will, in this case, touching the same subject' with the second clause, must he determined, in order that wo may find, if possible, a…
2Cases cited7 opinions
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3Cited by16 opinions
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