- 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