Brief Fact Summary. Leonard Bullock married Bessie Bullock and they had
Synopsis of Rule of Law. The word “to A and her heirs” signifies words of limitation and not words meaning that the “heirs” are a substitute for A if she does not survive to take the gift. However if the word “or” is used, the latter class is a substitute for “A.” Courts will construct an “and” to be an “or” to carry out the testator’s intent.
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Held. Yes. The phrase â€œto A and her heirsâ€ may be changed to â€œto A or her heirsâ€ to give effect to the testator’s intent that his property would not pass through intestacy. Here the record showed that the testator had no next of kin at his death and his property would revert back to the state. From the words of the will, the testator desired his estate to go to his wife and her heirs.
Discussion. The Court will make minor constructions to a will to give effect to the probable intent of the testator indicated upon the face of the will.