A will is to be construed according to the intention of the testator. Where his intention cannot have effect to its full extent, it must have effect as far as possible.
(11/22/2021)
In case of uncertainty arising upon the face of a will as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances in which it was made, exclusive of his oral declarations, except as required in section 32.03.12.
(11/22/2021)
Several testamentary instruments executed by the same testator are to be taken and construed together as one (1) instrument. However, if the several parts are irreconcilable, the latter parts must prevail.
(11/22/2021)
A clear and distinct devise or bequest will not be affected by inference or argument from another part of the will, or by an inaccurate reference in another part of the will.
(11/22/2021)
Where the meaning of any part of a will is ambiguous or doubtful, it may be explained by any reference thereto, or recital thereof, in another part of the will.
(11/22/2021)
The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which shall render any of the expressions inoperative.
(11/22/2021)
Any mode of interpreting a will shall be preferred which will prevent total intestacy.
(11/22/2021)
Technical words are not necessary to give effect to any species of disposition by a will. If technical words are used, they are to be taken in their technical sense unless a contrary intention is clearly evident from the context.
(11/22/2021)
A testamentary disposition to a class includes every person answering the description at the testator’s death, but if possession is postponed, it also includes all persons coming within the class at the time of possession.
(11/22/2021)
When a will directs the conversion of real property into money, such property and all its proceeds must be deemed personal property from the time of the testator's death.
(11/22/2021)
A child conceived before the testator's death, but not born until after his death, takes as a member of a class when the disposition to the class vests, if such child answers the description of the class.
(11/22/2021)
If when applying a will it is found that there is an imperfect description, or that no person or property exactly answers the description, mistakes and omissions must be corrected from the context of the will, or extrinsic evidence, or evidence of the declarations of the testator as to his intention.
(11/22/2021)
A conditional disposition is one which depends upon the occurrence of some uncertain event by which it is either to take effect or be defeated.
(11/22/2021)
A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect.
(11/22/2021)
Where a testamentary disposition is made upon a condition precedent, nothing vests until the condition is fulfilled, except where such fulfillment is impossible, in which case the disposition vests, unless the condition was the sole motive thereof, and the impossibility was known to the testator or arose from an unavoidable event subsequent to the execution of the will.
(11/22/2021)
A condition precedent in a will is to be deemed performed when the testator's intention has been substantially, though not literally, complied with.
(11/22/2021)
A condition subsequent in a will exists where an estate or interest is so given as to vest immediately subject only to divest by some subsequent act or event.
(11/22/2021)