Long's Estate ( 1909 )

Rice, P. J.,

dissenting:

While it is true that in the construction of wills, the courts favor that construction which, consistently with the words of the instrument, will give a vested rather than a contingent estate, yet this, like all other similar canons of construction, is subservient to the great rule as to the intent. Viewing this will as a whole, I am led to the conclusion reached by the learned judge below as to the intention of the testator, and therefore would affirm the decree.