Wood v. Wood
Court of Appeals of Kentucky
CASE 53. — ACTION BY LILLIE L. WOOD, EXECUTRIX OF CHARLES W. WOOD, DECEASED, AND OTHERS AGAINST J. N. WOOD FOR A CONSTRUCTION OF THE WILL OF DECEASED. Appeal from Nicholas Circuit Court. L. P. Freyer, Circuit Judge. From the judgment defendants appeal POINTS AND AUTHORITIES. 1. A fundamental rule in the construction of will is, that effect must be given as far as- practicable t'o every part of the will in order to ascertain the intention of the testator.
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CASE 53. — ACTION BY LILLIE L. WOOD, EXECUTRIX OF CHARLES W. WOOD, DECEASED, AND OTHERS AGAINST J. N. WOOD FOR A CONSTRUCTION OF THE WILL OF DECEASED. Appeal from Nicholas Circuit Court. L. P. Freyer, Circuit Judge. From the judgment defendants appeal POINTS AND AUTHORITIES. 1. A fundamental rule in the construction of will is, that effect must be given as far as- practicable t'o every part of the will in order to ascertain the intention of the testator. (Moran, etc., v. Dillehay, 8 Bush, 435; Peynado’s Dev. v. Peynado’s Ex., 82 Ky. 2; Morse, etc., v. Cross, 17 B. M., 735; Guthrie v. Turner’s…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
Affirming-
Charles W. Wood, a distinguished lawyer and citizen of Nicholas county, Kentucky, died in June, 1904. He left' a will, which in due time was regularly probated, and his wife qualified as administratrix, and entered upon the discharge of her duties. The will disposed of a considerable estate, and, there being some question raised as to the interest which his wife, Lillie L. Wood, took under said will, she filed a suit in the Nicholas circuit court seeking a construction thereof. All of the other devisees named in the will were made parties…
2Cases cited4 opinions
- Igo v. IrvineCourt of Appeals of Kentucky · 1909
- Mitchell v. MorseSupreme Judicial Court of Maine · 1885
- McCallister v. BethelCourt of Appeals of Kentucky · 1895
- Clay v. WoodNew York Supreme Court · 1895
3Cited by7 opinions
- Trevathan's v. Dees' ExecutorsCourt of Appeals of Kentucky (pre-1976) · 1927
- Shaver v. WeddingtonCourt of Appeals of Kentucky (pre-1976) · 1932
- Campbell v. FowlerCourt of Appeals of Kentucky (pre-1976) · 1928
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Hagan v. MuirCourt of Appeals of Kentucky (pre-1976) · 1937
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