Byers' Heirs v. Byers'

Judge Marshall

delivered the Opinion of the Court.

The testator having clearly expressed the intention to dispose of his whole estate by his will, that intention ’ *314should be carried into effect as far as it is made manifest, by the provisions of the will itself, to whom he intended to give the various portions of his estate — though as to a particular part of it, there be no expi’ess formal devise.

On this principle, we are of opinion that the Circuit Court did not err in decreeing that, the defendant, Daniel Byers, was entitled, under the will, to one half of the farm of two hundred acres,…