Wills v. Union Savings & Trust Co.

In any action seeking construction of a will the court’s sole purpose is to ascertain and carry out the intention of the testator. Such intention must be ascertained from the words contained in the will. Carr v. Stradley (1977), 52 Ohio St. 2d 220, paragraph one of the syllabus; Townsend’s Exrs. v. Townsend (1874), 25 Ohio St. 477, paragraphs one and two of the syllabus. In this case, there is no question Sampson intended to exercise the power of appointment in favor of defendant-appellant charities. The issue is whether he effectively carried out that intent by the language he employed.

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