- 20 - as of the date of the testator's death. Presley v. Hanks, 782 S.W.2d 482, 488 (Tenn. Ct. App. 1989) (citing Tenn. Code Ann. sec. 32-3-101 (1984)). In Tennessee, technical words used in a will drafted by an attorney are to be given their technical meaning, in the absence of a finding of a contrary intent on the part of the testator. Fariss v. Bry-Block Co., 346 S.W.2d 705, 707 (Tenn. 1961). In Daugherty v. Daugherty, supra at 653, the Supreme Court of Tennessee explained the role of a court in examining the language of a will by stating: 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. That intention is to be ascertained from the particular words used, from the context and from the general scope and purpose of the instrument. [Citations omitted.] The duty of the court is to expound, not create. Id. "This Court cannot make a different will for her under the guise of construing it." Sands v. Fly, 292 S.W.2d 706, 713 (Tenn. 1956). Where a testator's intention cannot be given effect because of public policy or certain rules of law, it must be given effect as far as possible. White v. Brown, 559 S.W.2d 938, 939-940 (Tenn. 1977); Bell v. Shannon, 367 S.W.2d 761, 766 (Tenn. 1963); Hamilton Bank v. Milligan College, 821 S.W.2d 591, 592 (Tenn. Ct. App. 1991); Merchants & Planters Bank v. Myers, 644 S.W.2d 683, 688 (Tenn. Ct. App. 1982).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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