Garner v. Becton
| Decision Date | 17 July 1948 |
| Citation | 212 S.W.2d 890 |
| Parties | GARNER v. BECTON et al. |
| Court | Tennessee Supreme Court |
Appeal from Chancery Court, Shelby County; L. D. Bejach, Chancellor.
Suit under the declaratory judgment act by Mary Mason Garner against Fannie Becton and others for a construction of the will of Clara Taylor, deceased. From a decree in favor of the plaintiff, the defendants appeal.
Decree reversed and declaratory judgment entered in accordance with opinion.
T. B. Passmore, of Memphis, for appellants.
No attorney for appellee.
This suit calls for the construction of the will of Clara Taylor. Omitting the preamble and concluding clause of the will the disposing clauses are as follows:
This suit was filed by the named beneficiary under item II of the will against all other legatees, including the trustees of the named church, and the executrix for a declaratory judgment under the Declaratory Judgments Act, Code sections 8835-8847. All parties were before the court by service of process. No answer or defense was made. The parties apparently were satisfied to be bound by the construction placed on the will without asserting any rights. The Chancellor was
It is a well recognized rule, universally in force, that the courts will endeavor to ascertain and enforce the intention of the testator, except where forbidden by positive rules of law. This intention is to be ascertained from a consideration of the will as a whole and not from its disjointed fragments.
In the first item of the...
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...points out that the guaranty letter was written without the benefit of skilled legal counsel. Appellant cites Garner v. Becton, 187 Tenn. 34, 212 S.W.2d 890 (1948) and Trimble v. Holley, 49 Tenn.App. 638, 358 S.W.2d 343 (1962); however, those cases involved the drafting of wills which are u......
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