O. D. McKee and Estate of Anna Ruth McKee, Deceased, R. Ellsworth McKee and Jack C. McKee, Co-Executors - Page 20

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          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).                                                  






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