Breese v. Bennett

The two issues on this appeal are: (1) Does the word “issue” as used by the testatrix in paragraph 6 of her will include the adopted children of her deceased brother, and (2) whether the testimony of conversations between the testatrix and her attorney, who drew her last will and prior wills, is admissible in evidence to ascertain her intent in the use of the word “issue.”

In construing a will the purpose of the court is to ascertain the intent of the testator as it is expressed in the full and complete will read in the light of the circumstances sur rounding the testator at the time the will…