Fields v. Fields

The issue presented here concerns the intention of the testator in the disposition of his property as evidenced by his last will and testament.

The plaintiffs claim that the estate bequeathed and devised by paragraph 3 of the testator’s will was subsequently diminished and cut down by a later provision of'the will. Conversely, it is contended by the defendants that the testator neither intended to cut down, nor did cnt down or debase the fee simple estate willed to his wife.

In the interpretation and construction of a will, the cardinal rule is to ascertain the intention of the testator from…