Benson v. Mitchell
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. J. W. LesesNE. Jethro DeNSON died on tbo 8th July, 1851,' in Barbour county, Alabama, after having made and published his last wiíl and testament, which was attested by three witnesses, and was as follows : ■ ■ “I, Jethro Denson, being at this’ time of sound mind, and in full possession of all my mental faculties, and knowing that I have to die, and desirous of leaving this will, and after commending my soul to…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. J. W. LesesNE. Jethro DeNSON died on tbo 8th July, 1851,' in Barbour county, Alabama, after having made and published his last wiíl and testament, which was attested by three witnesses, and was as follows : ■ ■ “I, Jethro Denson, being at this’ time of sound mind, and in full possession of all my mental faculties, and knowing that I have to die, and desirous of leaving this will, and after commending my soul to the mercy and safe-keeping of Almighty G-od, who gave it, desire that my person and property shall," after my death, be…
1Opinion of the CourtChilton, C. J.
— The leading object in the construction of every written instrument is, to arrive at the true intent and meaning of the parties to it; and if the courts can give effect to such intention consistently'with the rules of law, they will do so. In the construction of wills, especially, we must struggle to arrive at the true desire and intent of the testator; and to do this, we should look to the whole instrument — the introduction, preamble, and different items and clauses, and see the bearing of each upon the clause to be construed. At the same time, however, the words of the devising clause…
2Cases cited1 opinion
- Randall v. ShraderSupreme Court of Alabama · 1852
3Cited by25 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Thrasher v. IngramSupreme Court of Alabama · 1858
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