...in fee simple, under the devise to them, of the tract of land called Lay Hill, upon the principle, that the intention of the testator, to be collected from the whole of the will taken together, must prevail; and the main argument is founded upon the introductory clause...

...persons as would be entitled by virtue of the statute of distributions; and I was of opinion, looking to the intention of the testator to be collected from the whole will, that the testator meant his next of kin living at the death of the tenant for life. Where a testator...

...in fee simple, tinder the devise to them, of the tract of land called Lay Hill, upon the principle, that the intention of the testator to be collected from the whole of the will taken together, must prevail; and the main argument is founded upon the introductory clause...

...conditione et gentium jure com(i) Clem. Exivi §. Utrum etiam. (2) Cap. Si haeredes; de test. (3) " The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful, or inconsistent with the rules of law." Kent's Comrn. vol....

...object of inquiry ; and to this object technical rules are, to a certain extent, made subservient. The intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful, or inconsis*535 tent with the rules of *law.k The control...

...nonsuit. A rule nisi having been obtained accordingly, Greenwood and Montague Smith shewed cause. — The intention of the testator, to be collected from the whole will, is, that, in the event of the death of Ann Elliott Sawday without issue, the children of the Baileys...

...passes a fee. (McLean v. McDonald, 2 Barb. 534.) No technical words are necessary to devise a fee, and the intention of the testator, to be collected from the whole will, is to govern. (Jackson v. Babcock, 12 John. 389.) These principles are adopted by the revised statutes,...

...Held, 1. That ' the paramount duty of courts in construing wills is to ascertain and give effect to the intention of the testator, to be collected from the whole will, and not from any particular word or expression in it. 2. That in the case submitted, a legacy " to...

...deceased child, who was deceased at the time of the execution of the will. But he determined that such was the intention of the testator, to be collected from the whole will. He expressly disclaimed any intention of infringing upon the general rule. Jarow v. Pond (9 Sim. R....

...the will to the children of John Liversnge, there was a forfeiture ; but here, the question turns on the intention of the testator, to be collected from the whole will. This was a devise of a burgage tenement, and it can hardly be supposed that the testator who in the...