Page:United States Statutes at Large Volume 47 Part 1.djvu/1197

 72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933. C soss REFER ENCE Testa tor's dec larations as to in tention, see sect ion 371. SEC. 353 . RIILZS OF INTERPRETATION .-In interpreting a will, sub- ject to the law of the Canal Zone, the rules prescribed by, the fol low- ing sections of this chapter are to be observed, unless an intention to the contrary clearly appears. SEC. 354. SEVERAL INSTRIIMENTS ARE TO BE TAKEN TOGETHER .-Sev- eral testamentary instruments, executed by the same testator, are to be taken and construed together as one instrument. SEC. 355. HARMONIZING VARIOUS PARTS .-All the parts of a will are to be construed in relation to each other, and so as, if possible, to fo rm one consistent whole ; but where several parts are absolutely irreconcilable the latter must prevail. SEC. 356 . IN WHAT CASE BEQUEST NOT AF cmD .-k clear and dis- tinct bequest can not be affected by an 1 reasons assigned therefor, or by any other words not equally clear and distinct, or b y in feren ce o r argumen t from other parts of the will, or by an inaccurate recital of or reference to its contents in another part of the will. 1 So in original Post, p.1174. Rules of interpreta- tion. 1173 Several instruments cons trued as one. Harmonizing various parts. Case where bequest not affected. Caoss R1 Eazr1ca Inten tion of t estator, see secti ons 351 et seq. Post, p. 1172. SEC. 357 . WHEN AMBIGUOUS OR DouBTFVL .-Where the meaning ful ambiguous or doubt- provisions. of any part of a will is ambiguous or d oubtful. it may be exp lained by any reference thereto, or a recital thereof, in another part of the will. SEC. 358 . WORDS TAKEN IN ORDINARY SENSE .-The words of a will Construction of words. are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained. To receive an opera- SEC. 359. WORDS TO RECEIVE AN oPERA'rivl+; C ONSTRQCTI ON .-The live construction. words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expre ssion s ino pera tive. Czoss REFEaaaca Harmonizi ng various p arts, see se ction 355. SEC. 360 . INTESTACY TO BE AVOIDED.-Of two modes of interpreting retina Intestacy to. be acoided. a will, that is to be preferred which will prevent a total intestacy . Technical words. SEC. 361 . EFFECT of TEC HNI CAL WORDS .-Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unac- quainted with such technical sense. Caoss REFERENCE Ante, p.1124;post, p. Technical words, how construed, see sections 11 and 556. 1198. SEC. 36 2. TECHNICAL WORDS NOT NECESSARY .-Technical words are Technical neces sary - words not . not necessary to give effect to any species of disposition by a will. Power to SEC. 363. POWER TO DEVISE, 120W EXECUTED BY TERMS OF WILL,- how coecuted . devise ; Property embraced in a power to devise, passes by a will purporting to devise all the property of the testator. Bequest of all of SEC. 36 4. BEQUEST OF ALL OF PROPERTY .-A bequest of all of the property testator's property, in express terms, or in any othe r term s deno ting such intent, passes all the property which he was enti tled to dispose of by will at the time of his death.