Bain v. Hardin

Opinion of the Court by

Commissioner Sandidge

Reversing.

The determination of the questions presented by this appeal involves a construction of the will of J. F. M. Lee, which was probated by the Jefferson county court on November 14, 1912. It may be stated at the outset that the language used by testator to manifest his intention is sufficiently ambiguous to authorize the court to call to its aid not only the will itself but also the circumstances surrounding testator when he made it. Testator wrote his own will. He was not a lawyer, nor was he a well-educated man. A photostatic copy of his…