- 19 - Under Tennessee law, the basic rule in construing a will is that the court shall seek to discover the intention of the testator and will give effect to it unless it contravenes some rule of law or public policy. In re Walker, 849 S.W.2d 766 (Tenn. 1993); Daugherty v. Daugherty, 784 S.W.2d 650, 653 (Tenn. 1990); Harris v. Bittikofer, 541 S.W.2d 372, 384 (Tenn. 1976). The testator's intention is to be ascertained from the particular words used in the will itself, from the context in which those words are used, and from the general scope and purposes of the will, read in the light of the surrounding and attending circumstances. Third Natl. Bank v. First American Natl. Bank, 596 S.W.2d 824, 828 (Tenn. 1980); Moore v. Neely, 370 S.W.2d 537, 540 (Tenn. 1963). In applying this cardinal rule, it is necessary to look to the entire will, and the testator's intent must be ascertained from what the testator has written into the will and not from what some interested party supposes that the testator intended to do. Burdick v. Gilpin, 325 S.W.2d 547, 551 (Tenn. 1959); Davis v. Price, 226 S.W.2d 290, 292 (Tenn. 1949). Where a testator expresses a controlling or predominant purpose, it is the duty of the court to effectuate that purpose and construe all subsidiary clauses to bring them into alignment with that purpose. Moore v. Neely, supra at 540. Moreover, a general intent will prevail over a secondary intent. Jones v. Jones, 462 S.W.2d 872 (Tenn. 1971). A will should be so construed to speakPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011