72 N.Y. 312 | NY | 1878
Upwards of two hundred years ago Lord COKE made the observation, which is nearly as true now as it was then, that "wills and the construction of them do more perplex a man than any other learning; and, to make a certain construction of them, this excedit jurisprudentum artem." (Roberts v. Roberts, 2 Bulst., 130.) Since that time the construction of wills has continued to perplex the courts, and not much has been done by the evolution of rules to aid them. Such is the multifarious and complex nature of human affairs, and the uncertainty of language, and such the carelessness and inattention with which wills will frequently be drawn and executed, that the "certain construction" of them will probably be no less difficult in the future than it has been in the past.
The primary object in construing wills is to ascertain the intention of the testator, and when that has been ascertained, it is to be implicitly obeyed, however informal the language in which such intention has been conveyed. But the intention is not matter of speculation or arbitrary conjecture. It is *315 sought for in the language used; and when language or a certain collocation of words has once received judicial construction, precedents are formed which are followed in later cases. It is a general rule of construction that when a testator uses technical words, he is presumed to employ them in their legal sense, and that words in general are to be taken in their ordinary and grammatical sense unless the context clearly indicates the contrary.
The important words to be construed here are "next of kin." These words ordinarily do not legally include a widow. They mean relatives in blood. (Murdock v. Ward,
Most of the authorities to which our attention was called by the learned counsel for the appellant upon the argument of this case were examined and considered in those cases, and while some cases and the language of some judges were found which tended to uphold the construction claimed on behalf of the widow, we concluded that the weight of authority and the best reason were opposed to the construction contended for; and the able argument and exhaustive brief made for the widow in this case have not changed our opinion. We believe that the construction we have given to these clauses will, in most cases which may arise, be found to be in harmony with the actual intention of the testator. According, not only to the legal meaning, but to common understanding, the words next of kin mean blood relations only, and when a testator intends to provide for his own widow, or the widow of a blood relation, it will generally occur to him to use language more appropriate to designate her.
The judgment must therefore be affirmed, with costs.
All concur.
Judgment affirmed.