Brown v. Stark

(dissenting).— The controlling guide in construing a will is to ascertain the intention of the testator. Turner v. Timberlake, 53 Mo. 371; Gaines v. Fender, 57 Mo. 342; Carr v. Dings, 58 Mo. 400; Smith v. Hutchinson, 61 Mo. 83; Allison v. *380Chaney, 63 Mo. 279. This intention is to be gathered, not from single words ■ or single passages, but from a consideration of the whole instrument, and the general design and scope of it, giving to each part its proper meaning. Russell Eubanks, 84 Mo. 82. The application of these uncontroverted propositions to the instrument before us compels me to dissent…