Sturgis v. Stinson

JUSTICE RUSSELL, with whom JUSTICE STEPHENSON joins,

dissenting.

The principles of law that govern cases of this kind are well settled: the testator’s intention, if legal and ascertainable, controls. All refinements of the law must yield to the testator’s power to dispose of his property as he pleases. When this intention is ascertained, the quest is ended and all other rules become immaterial. Picot v. Picot, 237 Va. 686, 689, 379 S.E.2d 364, 366 (1989) (quoting Wornom v. Hampton N. & A. Inst., 144 Va. 533, 541, 132 S.E. 344, 347 (1926)). In ascertaining the testator’s intention, the court…