 | Thomas Jarman - Wills - 1844 - 820 pages
...(t) a legacy was bequeathed " equally between my son David and the children of my son Robert." But this mode of construction will yield to a very faint...fact, that the annual income, until the distribution (p) But did not the language of Yes. 1G6. See also Barnes v. Patch, the bequest import that the youngest... | |
 | Thomas Jarman - Wills - 1859 - 604 pages
...(6) a legacy was bequeathed " equally between my son David and the children of my son Robert." But this mode of construction will yield to a very faint...different intention in the context. Thus the mere [ 112 ] fact, that the annual income, until the distribution * of the capital, is applicable, per stirpes,... | |
 | Law - 1860 - 392 pages
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 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1877 - 698 pages
...and not per stirpes." But this mode of interpretation rests upon a foundation not very stable, and "will yield to a very faint glimpse of a different intention in the coatext" Balaam v. Haynes, 14 Allen, 204. 2 Jarman on Wills (4th Am. ed.) Ill, 112, and notes. This... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1880 - 880 pages
...individually." 2 Jarman on Wills (1st Am. ed.), 111. The sumo author, after citing the above rule, adds: " But this mode of construction will yield to a very faint...glimpse of a different intention in the context." If the above rule is so easily set aside, it would seem equally reasonable that it should also yield... | |
 | Thomas Jarman - Wills - 1881 - 934 pages
...an equal proportion of the fund ; that is, the distribution will be wade per capita (z').j *195 "But this mode of construction will yield to a very faint glimpse of a different intention in the context.12 Thus the mere (g) Butler r. Stratton, 3 BCC 367: Doweling r. Smith, 3 Beav. 541; Kickabe... | |
 | Probate law and practice - 1887 - 674 pages
...to that effect can be gathered from the context — or, in the somewhat quaint language of Jarman, " this mode of construction will yield to a very faint...glimpse of a different intention in the context." (Id. 757.) The question for determination, then, is, what is there in the context to take the present... | |
 | Charles Fisk Beach (Jr.) - Wills - 1888 - 650 pages
...equally among his " heirs," the brothers and sisters and children will take per caplta.10 But this construction " will yield to a very faint glimpse of a different intention in the.context."" 1 Howell i>. Tyler, nl NC 207 ; T.osey v. Westbrook, 35 NJ Eq. 116; Kimbro v. Johnston,... | |
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It is added, however, that this mode of construction will yield to a very faint glimpse of a different intention in the context. 
