174 Ga. 492 | Ga. | 1932
In Rogers v. Highnole, 126 Ga. 740 (56 S. E. 93), it was said: “If two clauses of a will are so inconsistent that both' can not stand, the later will prevail; but the whole will is to be taken together, and operation is to be given every part of it, if this can be done without violating its terms or the intention of the testator. And the intention of the testator is to be sought by looking to the whole will rather than to detached parts of it.” The same principle was thus stated in Thornquist v. Oglethorpe Lodge, 140 Ga. 297 (78 S. E. 1086) : “If two clauses of an item of a will are so inconsistent that both can not stand, the latter will prevail; but the whole item is to be taken together, and operation is to be given to every part of it, if this can be done without violating its terms or the intention of the testator. Such intention is to be sought by considering the item as a whole, rather than detached parts of it separately.” Where there is a will and a codicil, both instruments will be considered, and the intention of the testator as expressed in them given effect. Another principle that has been ruled by this court is thus stated in Smith v. Slade, 151 Ga. 176(2) (106 S. E. 106) : “The general rule is that courts will not by construction reduce an estate once devised absolutely in fee, by Imitations contained in subsequent parts of the will, unless the intention to limit the devise is clearly and unmistakably manifest. Thomas v. Owens, 131 Ga. 255 (62 S. E. 218). See Crumley v. Scales, 135 Ga. 300, 308 (69 S. E. 531); Kimbrough v. Smith, 128 Ga. 690, 692 (58 S. E. 23).” In Kimbrough v. Smith, cited above, it was said by Evans, J. “The Civil Code, § 3346 [Code