Aiken v. Aiken

Duckworth, Chief Justice.

1. The intentions of a testator are to be derived from a consideration of his will as a whole, read in the light of the surrounding circumstances, and are not to be determined by arbitrary conjecture as to what he meant nor by consideration of detached portions of the will. Code, § 113-806. See also Patterson v. Patterson, 208 Ga. 17, 20 (64 S. E. 2d, 585), and cases cited therein.

2. A court will not by construction reduce an estate devised absolutely in fee simple because of limitations in subsequent parts of the will unless the intent to limit the devise is clearly…