Crow v. Lewis

Nichols, Justice.

The appellants rely upon decisions of this court holding under Code § 113-806 that the courts shall seek diligently for the intention of the testatrix and may transpose sentences, and so forth to determine such intention. However, such contention ignores the last clause of the Code section, “but if the clause as it stands may have effect, it shall be so construed however well satisfied the court may be of a different testamentary intention.”

“Where the language of a will is clear and can be given legal effect as it stands, the courts will not, by construction, give the will a…