Detroit Wabeek Bank & Trust Co. v. City of Adrian

{dissenting). I do not concur in affirmance. The cases are myriad which hold that the duty of the court in interpreting or construing a will is to ascertain, from all its parts, the true intent of the testator and, where lawful, to give it effect. They run from Jameson’s Appeal, 1 Mich 99, to In re Lawton Estate, 347 Mich 143. As said in In re Scheyer’s Estate, 336 Mich 645, 648, 649 (38 ALR2d 835):

“ ‘The primary rule of construction is to ascertain the true intention of the testator. That intention must be ascertained from a consideration of all the provisions of the will itself and in the…