Page:United States Statutes at Large Volume 76A.djvu/660

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


-564advancement, unless it appears from the will that the omission was intentional, the omitted child or issue succeed to the same share in the estate of the testator as if he had died intestate. § 122. Same; sources of share; apportionment The share of the estate which is assigned to a child or issue omitted in the will, as provided by section 121 of this title, shall first be taken from the estate not disposed of by will, if any. If that is not sufficient, as much as may be necessary shall be taken from all the legatees, in proportion to the value they may respectively receive under the will, unless the obvious intention of the testator in relation to a specific bequest, or other provision in the will, would thereby be defeated. I n such a case, the specific legacy or provision may be exempted from the apportionment, and a different apportionment, consistent with the intention of the testator, may be adopted. § 123. Distribution in case of prior death of legatee If a legatee dies before the testator, the testamentary disposition to him fails, unless: (1) an intention appears to substitute another person in his place; or (2) the bequest is to any kindred of the testator, and the legatee leaves lineal descendants, or is dead at the time the will is executed, but leaves lineal descendants surviving the testator. The descendants referred to in paragraph (2) of this section take the estate so given by the will in the same manner as the legatee would ha ve done had he survived the testator. CHAPTER 9—INTERPRETATION OF WILLS Sec. 151. 152. 153. 154. 155. 156. 157. 158.

Rules of interpretation. Several testamentary instruments; intent. Every expression to be given some effect; avoidance of intestacy. Ambiguity and doubts; construction as a whole; irreconcilable parts. Clear bequest; effect of reasons or other parts of will. Ascertainment of intention. Ordinary sense of words; technical words. Words of donation or of limitation; disposition to heirs, etc.

§ 151. Rules of interpretation (a) Except as provided by subsection (b) of this section, in inte'rpreting a will subject to the law of the Canal Zone, the rules prescribed by this chapter and chapters 11 and 13 and section 1981 of this title shall be observed, unless an intention to the contrary clearly appears. (b) With respect to the interpretation of wills executed before January 2, 1963, the rules prescribed by the laws in force when the wills were executed govern. § 152. Several testamentary instruments; intent Several testamentary instruments, executed by the same testator, shall be taken and construed together as one instrument. A will shall be construed according to the intention of the testator. Where his intention cannot have effect to its full extent, it shall have effect as far as possible. § 153. Every expression to be given some effect; avoidance of intestacy The words of a will shall receive an interpretation which will give to every expression an effect, rather than one which will render any of the expressions inoperative. Of two modes of interpreting a will, that shall be preferred which will prevent a total intestacy.