Estate of Betty Pace Miller, Deceased, Jerry D. Walker, Independent Executor - Page 7

                                                - 7 -                                                   

            before us; therefore, we must examine the question as if we were                            
            a Texas court.  Commissioner v. Estate of Bosch, 387 U.S. 456,                              
            465 (1967).                                                                                 
                  In Texas, the cardinal rule for construing a will mandates                            
            that the decedent's intent be ascertained by looking to the will                            
            as a whole, as set forth within the four corners of the document.                           
            Perfect Union Lodge No. 10 v. Interfirst Bank, 748 S.W.2d 218,                              
            220 (Tex. 1988); Henderson v. Parker, 728 S.W.2d 768, 770 (Tex.                             
            1987); see also Bergin v. Bergin, 159 Tex. 83, 315 S.W.2d 943,                              
            946 (1958) (stating that a court must examine a will in its                                 
            entirety to ascertain the testator's intent).  The court's                                  
            responsibility is to construe the will to effectuate the                                    
            testatrix's intent as far as legally possible.  Perfect Union                               
            Lodge No. 10 v. Interfirst Bank, supra at 221.  In interpreting                             
            the will, courts presume that there was nothing superfluous or                              
            meaningless in the will and that every word had meaning and                                 
            played a part in the disposition of the property.  Marlin v.                                
            Kelley, 678 S.W.2d 582, 587 (Tex. App. 1984, writ granted 1985),                            
            affd. Kelley v. Marlin, 714 S.W.2d 303 (Tex. 1986).  If any                                 
            particular clause or paragraph, considered alone, indicates an                              
            intent contrary to the intent manifested by the whole instrument,                           
            the court should disregard that inconsistent clause or paragraph.                           
            Disabled Am. Veterans v. Mullin, 773 S.W.2d 408, 410 (Tex. App.                             
            1989, no writ); Bergin v. Bergin, supra.                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011