Adair v. Adair
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by Lillian Adair against Amanda M. Adair and others. Judgment for plaintiff, and defendants appeal. The will and codicil should be construed together as one and the same instrument. The intention of the testator is to be ascertained from the words of the will. It is apparent that the testator intended taking $500.00 of the money willed his daughter and giving it to his wife.
Read the full summary
Appeal from District Court, Ransom County; Lauder, J. Action by Lillian Adair against Amanda M. Adair and others. Judgment for plaintiff, and defendants appeal. The will and codicil should be construed together as one and the same instrument. The intention of the testator is to be ascertained from the words of the will. It is apparent that the testator intended taking $500.00 of the money willed his daughter and giving it to his wife. The transposition of the names in the codicil of the will will make the latter harmonize with the facts and express the evident intention of the testator, and…
1Opinion of the CourtMorgan, J.
This proceeding was instituted by one Lillian Adair, as petitioner, in the county court of Ransom county. In a petition she prays said court to order the executors of the last will and testament of her father, James Adair, to pay to her the sum of $500-bequeathed to her in a codicil to said will. The petition states the following facts: That the testator, James Adair, died on the 19th day of April, 1897, in Presque Isle, in the state of Maine, and was at the time of his said death a resident of Ransom county, N. D. That Amanda M. Adair is her mother, and was the first wife of said decedent,…
2Cases cited3 opinions
- Estate of AppleCalifornia Supreme Court · 1885
- Wheeler v. WoodMichigan Supreme Court · 1895
- Latham v. LathamSupreme Court of Iowa · 1870
3Cited by4 opinions
- Crabtree v. KellyNorth Dakota Supreme Court · 1935
- Young v. McQueenNorth Dakota Supreme Court · 1933
- Estate of Behrmann, Superior Court of California, County of San Francisco1892
- Estate of O'GormanCalifornia Superior Court · 1910