Culver v. Elliott

Rodney, J.,

delivering the opinion of the Court:

It is a trite expression that all rules of construction of wills have for their object the ascertainment of the intent of the testator. So fundamental is this object that it constitutes the sole reason for the existence of rules of construction, and no one would have the temerity to advocate a rule which operates otherwise.

The plaintiffs, in order to sustain their position, rely upon three rules, as follows:

1. That the intent of a testator is determined by a reading of the testamentary instrument as a whole and not by the isolated meaning of the…