Legal Opinion · Dissent

Hope Natural Gas Co. v. Shriver

West Virginia Supreme Court

Decided December 22, 1914Published

Appeal from Circuit Court, Monongalia County. Bill in the nature of, a bill of interpleader by the Hope Natural Gas Company against Henry D. Shriver and others, for construction of a will. Prom a decree for Martha Virginia Taylor, Henry D. Shriver and others appealed.

1Dissent

“Williams, Judge

(dissenting) ■.

Testator’s intention is the guiding star in the construction of his will, and when it is clearly expressed there is no occasion, or authority in law, to resort to legal presumptions 'and technical rules of construction. They are intended to guide the court in ascertaining his intention when the testator has obscured it by using terms of doubtful meaning or by making inconsistent provisions. Rules of construction must yield to clearly expressed intention. Couch v. Eastham, 29 W. Va. 784; Cresap v. Cresap, 34 W. Va. 310; Couch v. Estham, 69 W. Va. 710; Hinton v.…

2Cases cited19 opinions

  1. McArthur v. ScottSupreme Court of the United States · 1885
  2. Teed v. . MortonNew York Court of Appeals · 1875
  3. Couch v. EasthamWest Virginia Supreme Court · 1887
  4. Carney v. KainWest Virginia Supreme Court · 1895
  5. Hinton v. Milburn's Ex'rsWest Virginia Supreme Court · 1883

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