Legal Opinion

Aulick v. Wallace

Court of Appeals of Kentucky

Decided January 19, 1877PublishedCited by 7 opinions

Case 11 — PETITION EQUITY APPEAL PROM PENDLETON CIRCUIT COURT. 1. The intention of the testator is the prevailing consideration in applying all rules of construction, and the general intent of the testator must prevail over a special intent when it is impracticable to give effect to both. (Redfield on the Law of Wills, 433.) This general purpose or intention is to be ascertained by considering the whole will together.

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Case 11 — PETITION EQUITY APPEAL PROM PENDLETON CIRCUIT COURT. 1. The intention of the testator is the prevailing consideration in applying all rules of construction, and the general intent of the testator must prevail over a special intent when it is impracticable to give effect to both. (Redfield on the Law of Wills, 433.) This general purpose or intention is to be ascertained by considering the whole will together. “The intention of the testator of each will separately is to be gathered from its own four corners." (Provenchero’s Appeal, 67 Penn. St. 463.) 2. “ It is an established rule in…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion op the court.

The appellee, Jesse L. Wallace, instituted this action against the appellant, F. M. Aulick, for the recovery of a tract of land in the possession of appellant, claiming to have derived title under the last will of his father, Edward Wallace, sr. His right of recovery depends upon the construction given that instrument. The will is as follows:

“I, Edward Wallace, of the county of Pendleton and state of Kentucky, of sound mind and disposing memory, and being desirous to dispose of all sueh worldly estate as it hath pleased God to bless me with, give…

2Cited by7 opinions

  1. Bacon v. NicholsSupreme Court of Colorado · 1909
  2. Shields v. ShieldsCourt of Appeals of Kentucky · 1919
  3. Struss v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1918
  4. Walters v. NeafusCourt of Appeals of Kentucky · 1910
  5. Brierly's and Trustee v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1929

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