Britt v. Rawlings
Britt v. Rawlings
Opinion of the Court
The third item of the will of William Tanner was as follows :
“ I give and bequeath to my beloved wife, Louise
Upon the trial of this case below, the court held that this item conveyed an absolute fee simple estate in the lands therein described to Mrs. Tanner, the testator’s widow, and accordingly directed-a verdict for the plaintiff, who was an heir of Mrs. Tanner, and claimed under her by virtue of this will. A new trial was granted, for the reason, no doubt, that the court’s construction of the will was wrong. We think the court erred in his ruling at the trial, and. did right in recalling the same.
Section 2454 of the code provides that the word “ lend,” when occurring in a will, will be construed to mean “ give,” unless the context requires its restricted meaning. We have no difficulty in arriving at the conclusion that in this particular will the context does require that the word “ loan ” should be held not to mean “ give.” It is a- “ cardinal and familiar doctrine that, in the interpretation of wills, the intention of the testator shall be diligently sought for, and effect given to the same so far as may be consistent with the rules of law.” Code, §2456; Weed v. Knorr, 77 Ga. 644, and cases there cited.
It will be observed that in disposing of the slaves mentioned in the item of the will above quoted, the testator gave and bequeathed them to his wife, “ to her and her heirs forever.” In the same item, he also gave and bequeathed to his wife a share of his perishable
The judgment of the court below is therefore -
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.