Hays v. Freshwater
West Virginia Supreme Court
Appeal from Circuit Court, Hancock County. Suit by Virginia JB. Hays against E. A. Freshwater and others. Decree for plaintiff, and defendant Freshwater appeals.
1Opinion
ON REHEARING.
After hearing the arguments, I am led to the conclusion that the plaintiff is entitled to a construction of the will, and especially the fifth clause thereof, in pursuance of her prayer asking therefor. The cardinal rule in construing a will is to seek from the entire instrument the intention of the testator. The law is stated thus in Hinton v. Milbarn's Exr's, 23 W. Va. 166: “In the construction of a will the intention of the testator is to be ascertained by taking the whole will together. * * * The manifest intention must have effect, unless some rule of law is violated…
2Cases cited8 opinions
- Pusey v. GardnerWest Virginia Supreme Court · 1883
- Couch v. EasthamWest Virginia Supreme Court · 1887
- Trader v. JarvisWest Virginia Supreme Court · 1883
- Hinton v. Milburn's Ex'rsWest Virginia Supreme Court · 1883
- Bland v. StewartWest Virginia Supreme Court · 1891
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