 | Georgia. Supreme Court - Equity - 1850 - 688 pages
...-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... | |
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 672 pages
...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... | |
 | Owen Davies Tudor - Conveyancing - 1856 - 942 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,... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...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... | |
 | Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 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... | |
 | Sir Reginald John Cust - Conveyancing - 1865 - 352 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... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867 - 1310 pages
...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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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... 
