Legal Opinion · Dissent

Bacon v. Nichols

Supreme Court of Colorado

Decided September 15, 1909No. 5582; No. 3260 C. APublished

Appeal from El Paso District Court — Hon. Louis W. Cunningham, Judge.

1DissentJustice Gabbert

The court has made a will for the testator, instead of construing the one he did make. It is not our province to bend, twist or shape the text of a will, or add or eliminate words, until at last we may succeed in forcing it into the mold of our preconceived ideas, of what the testator intended, hut simply and solely to ascertain its true legal sense from the language employed, whatever that may be, by the application of the rules of law which must control in the exposition of a will. There is an irreconcilable conflict between the paragraphs involved. No specific property is charged with the…

2Cases cited12 opinions

  1. Covenhoven v. ShulerNew York Court of Chancery · 1830
  2. Couch v. EasthamWest Virginia Supreme Court · 1887
  3. Gilmore v. JenkinsSupreme Court of Iowa · 1906
  4. Foster v. StevensMichigan Supreme Court · 1906
  5. Bulkeley v. Worthington Ecclesiastical SocietySupreme Court of Connecticut · 1906

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