Page:United States Statutes at Large Volume 76A.djvu/661

–565– -565§ 154. Ambiguity and doubts; construction as a whole; irreconcilable parts Where the meaning of a part of a will is ambiguous or doubtful, it may be explained by any reference thereto, or a recital thereof, in another part of the will. All the parts of a will shall be construed in relation to each other, and so as, if possiblCj to form one consistent whole; but where several parts are absolutely irreconcilable the latter prevails. § 155. Clear bequest; e£fect of reasons or other parts of will A clear and distinct bequest is not affected by: (1) reasons assigned therefor; (2) other words not equally clear and distinct; (3^ inference or argument from other parts of the will; or (4) an inaccurate recital of or reference to its contents in another part of the will. § 156. Ascertainment of intention I n case of uncertainty arising from the face of the will, as to the application of any of its provisions, the testator's intention shall be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations. § 157. Ordinary sense of words; technical words (a) The words of a will shall 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. (b) Technical words are not necessary to give effect to any species of disposition by a will; but technical words in a will shall 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 imacquainted with their technical sense. § 158. Words of donation or of limitation; disposition to heirs, etc. ^a) A testamentary disposition to "heirs", "relations", "nearest relations", "representatives", "legal representatives", "personal representatives", "family", "issue", "descendants", "nearest" or "next of kin" of a person, without other words of qualification, and when the terms are used as words of donation, and not of limitation, vests the property in those who would be entitled to succeed to the property of that person, according to the provisions of chapter 31 of this title on succession. (b) The terms defined by subsection (a) of this section are used as words of donation, and not of limitation, when the property is given to the person so designated, directly, and not as a qualification of an estate given to his ancestor.

CHAPTER 11—EFFECT OF CERTAIN PROVISIONS Sec.

191. 192. 193. 194. 195. 196. 197.

Words referring to death or survivorship. Bequest to a class; after-born children. Bequest of all property; power to devise. Residuary disposition. Mistakes and omissions; extrinsic evidence; oral declarations. Vesting of bequests. Plural legatees.

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