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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... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Page 38
by Georgia. Supreme Court - 1850
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 8

Georgia. Supreme Court - Equity - 1850
...-Jbe had to elucidate it. Now, in answer to these propositions, I say, first, that it k not necesamry, in this case, to resort to the context in order to...testator is always presumed to use the words in which be expresses himself, according to their strict and primary acceptation, unless, from the context of...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 60

Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891
...gifts, whether of real or of personal estate. It is a fundamental rule in the construction of wills that a testator is always presumed to use the words in...strict and primary acceptation, unless from the context it appears that he has used them in a different sense. The, word " heirs " in its primary legal meaning...
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A Selection of Leading Cases on Real Property, Conveyancing, and the ...

Owen Davies Tudor - Conveyancing - 1856 - 887 pages
...the first proposition laid down in Sir James Wigram's work upon this subject, p. 15 : viz. — that " A testator is always presumed to use the words in...according to their strict and primary acceptation (1 Doug. 341 ; 2 Ball & B. 204, 506; 5 B. & C. 77, 82 ; Cromder v. Stone, 3 Russ. 223 ; Mostyn v. Mostyn,...
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A Treatise on the Law of Contracts, Volume 2

William Wetmore Story - Contracts - 1856
...lays down, as a general principle of interpretation, the following propositions : — " Proposition I. A testator is always presumed to use the words in which he expresses himself, aecording to their strict and primary acceptation, unless, from the context of the will, it appears...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 1; Volume 145

Edwin Tyrrell Hurlstone, John Paxton Norman, Great Britain. Court of Exchequer - Law reports, digests, etc - 1857
...if the will is construed according to the terms of Sir J. Wigram's first proposition, namely, " that a testator is always presumed to use the words in...according to their strict and primary acceptation "(a). Rule discharged. (a) Wigram on the application of extrinsic evidence to the interpretation of...
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The House of Lords Cases on Appeals and Writs of Error, Claims of ..., Volume 5

Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - Law reports, digests, etc - 1857
...propositions in Wigram on Extrinsic Evidence (s) are decisive against the Appellant. The former is, that " a testator is always presumed to use the words in...expresses himself according to their strict and primary (p) 2 P. Wms. 141 ; overruled (r) 1 Ves. jnn. 412 ; 3 Bro. in Miller p. Trarers, 8 Bing. 244 ; CC 446...
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An Examination of the Rules of Law Respecting the Admission of Extrinsic ...

Sir James Wigram, William Knox Wigram - Evidence - 1858 - 202 pages
...if the will is construed according to the terms of Sir J. Wigram's first proposition, namely, that a testator is always presumed to use the words in...according to their strict and primary acceptation." It is extremely difficult to reconcile the above decisions. In either case there was a subject to which...
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A Treatise on the West Indian Incumbered Estates Acts: 17 and 18 Vict., C ...

Sir Reginald John Cust - Conveyancing - 1865 - 328 pages
...The first proposition established by Sir James Wigram, in his elaborate work on Wills, viz., " That a testator is always presumed to use the words in...he expresses himself according to their strict and primarv acceptation, unless from the context of the will it appears that he has used them in a different...
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The Law of Contracts, Volume 2

Theophilus Parsons - Consideration (Law) - 1866
...treatise upon the admission of extrinsic evidence in aid of the interpretation of wills, is that, " A testator is always presumed to use the words in...according to their strict and primary acceptation, uniese from the substance of the will it appears that he used them in a different sense, in which caso...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867
...established rule of construction, as laid down in Wigram on the Interpretation of Wills, 15, that " a testator is always presumed to use the words, in...which he expresses himself, according to their strict acceptation, unless from the context of the will it appears that he has used them in a different sense...
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