 | Sir James Wigram - 1835 - 182 páginas
...testator. A separate examination of each of these propositions will now be gone into. PROPOSITION I. A testator is always presumed to use the words in...acceptation, unless, from the context of the will, it appear that he has used them in a different sense, in which case the sense in which he thus appears... | |
 | 1845 - 556 páginas
...The rule of construction ultimately proceeded upon by the court was, that words are to be construed according to their strict and primary acceptation, unless from the context of the instrument and the intention of the parties to be collected from it, they appear to be used in a different... | |
 | George Spence - 1846 - 708 páginas
...Cases at Law and in Equity, which it will be proper to bear in mind throughout: — "PROPOSITION I. — A testator is always presumed to use the words in...of the will, it appears that he has used them in a difieren! sense, in which case the sense in which he thus appears to have used them, will be the sense... | |
 | Georgia. Supreme Court - 1850 - 660 páginas
...subject, laid down by Mr. Wigram, and, I think, sustained by adjudicated cases, are as follows : 1. A testator is always presumed to use the words in...different sense ; in which case, the sense in which he thus appears to have used them, will be the sense in which they are to be construed. 2. When there... | |
 | Georgia. Supreme Court - 1850 - 688 páginas
...adjudicated cases, are as follows : .1. A. testator is always presumed to use the words in which be expresses himself, according to their strict and primary...used them in a different sense; in which case, the Ken.se in which he thus appears to have uaed them, will bo the sense < in which they arc to be construed.... | |
 | Georgia. Supreme Court - 1883 - 846 páginas
...kind. The will of itself is clearly, conclusively, demonstrative of the intention of the testator. " A testator is always presumed to use the words in...acceptation, unless from the context of the will it appears he has used them in a different sense ; in which case the sense in which he thus appears to have used... | |
 | John William Smith - 1847 - 438 páginas
...M. &• W. 517., by the Court of lam v. May. _-. , " Exchequer : — " VY ords are to be construed according to their strict and primary acceptation, unless from the context of the instrument, and the intention of the parties to be collected from it, they appear to be used in a different... | |
 | John Pitt Taylor - 1848 - 756 páginas
...seven propositions, as the result both of principle and authority, and are thus expressed : — " I. A testator is always presumed to use the words, in...different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed. II. Where there... | |
 | Louisiana. Supreme Court - 1851 - 838 páginas
...upon the subject, we shall set out. "1st. A testator is always presumed to use the words, in which ho expresses himself, according to their strict and primary...different sense ( in which case the sense in which he thus appeal's to have used them, will be the sense in which they иге to be construed." "2d. Where... | |
 | James Kent - 1851 - 706 páginas
...Welsby, 511, the ordinary rule of construction was declared to be, that words were to be construed according to their strict and primary acceptation, unless from the context of the instrument, and the intention of the parties, to be collected from it, they appear to be used in a... | |
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A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which... 
