Bernstein v. Bramble
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; Though the provision in the will that all the estate remaining at the déath of the testator’s wife, and not disposed of by her by will or other writing, should pass to the testator’s brother and sister, or their heirs, would be void in a deed, it is good as an executory devise.
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; Though the provision in the will that all the estate remaining at the déath of the testator’s wife, and not disposed of by her by will or other writing, should pass to the testator’s brother and sister, or their heirs, would be void in a deed, it is good as an executory devise. As to the law of executory devises, see 3 Ark. 147. The rule in the construction of wills is to give effect to what appears to be the intent of the testator, in view of the provisions of the whole will. If this intention can be ascertained, it should be…
1Opinion of the CourtBattre, J.
Henrietta Bernstein and the heirs of Moritz Elle, deceased, brought suit in the Miller Chancery Court against Charles E. Bramble, as administrator of Minna Elle, deceased, and the heirs of Minna Elle, deceased, to secure construction of will and to recover certain real estate in Texarkana, in this State, and personal property, claiming the same under so much of the last will and testament of Gustav Elle, deceased, as is in the following words:
“All the rest, residue and remainder of my estate, real as well as personal, and wheresoever situated, I hereby devise, give and bequeath to my beloved…
2Cases cited4 opinions
- Howard v. CarusiSupreme Court of the United States · 1884
- Roth v. RauschenbuschSupreme Court of Missouri · 1903
- Stowell v. HastingsSupreme Court of Vermont · 1887
- Cunningham v. CheathamSupreme Court of Arkansas · 1847
3Cited by33 opinions
- Archer v. PalmerSupreme Court of Arkansas · 1914
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- Festinger v. KantorSupreme Court of Arkansas · 1981
- Cross v. ManningSupreme Court of Arkansas · 1947
- Wilson v. LinderIdaho Supreme Court · 1910
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