The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-30
mo. sa8.l
Samuel I. Sorsby and wife, appellants vs.. Cypress
G. Vance, ct al, appellecs.

Appeal from the Probate Court of Pamela County.
The only question involved in this case is the true
construction Of the will of the decedent E. O Vance
The intention Of the tesator, provided that intention
be legal Is the law which regulates its construction
That intention Is to be gathered from the whole will.
and from the nature of the subject, oyerrides all
technical rules, which relate the construction Of
words rather than the nature Of the estate For
though technical rules of law and the authority OF
adudged cases are not 10 be dsregarded in the in
depreciation Of Wills yet their construction is de
pendent upon the language and circumstances of
each particular instrument that adiudged eases be-
come of less authority and more hazardous Of appca
ton than decisions on any other branch of the law
4th Kent Conn., 9th ed. p t3l.
Looking then. 20 the will and the circumstances
indicated IN IL we think the general intention of the
testaor and his general disposition towards the OH
ects Of his bounty, first equality among his chill
dren and trust and confidence in hIS wife as means
Of its attainment; and second, ample provision for
| his wife
The first clause of the will gives to his wife tract
of land and all his slaves and their increase after
she pays of the following egacies towt; to each Of
the children las they respectfully come Of age.
marry zen slaves 70 et'h "A goou classic educa-
ton; 20 the sons "A profession II they desire II, the
expenses 10 be paid out OF the estate its proceeds
independent of the egacies therein conrUned:" TO
each Of the children they respectively arrive Of
age, marry. one fourth of all the residue of his
tate, real or personal that ndH hare been hGH3 at
the time the ecst arred Of age and not disposed Of by
the special legRces :" TO Calvin Vance. his nephew a
negro boy. or 500; "a the rest and residue Of his
| estate he gives to his wife
He then gives 10 his eXecutrN (his wifel, full and
ample power to dispose of any portion of his estate
as She may think best for the benefit of herself and
/ children. ana ITO invest any surplus cash
| ~. as she may think most advantageous to the es
| tate
subject their disposition, he desires his wife L.
have not only the land and negroes specifically de-
vised TO her, but also all the residue OF his estate
| She l. TO raise and educate their children. to piv,
them each ten slaves a. they respectively come OF
age, marry and fourth part of all the residue
OF his estate that fourth part to be aScerained hs
looking 70 the condition and value Of the estate, rea
| and personal not devised specially when the eldes
/ Cluld comes Of age.
1.-THE eldest married before she came Of age. sh,
could only have at that time the ten slaves the re
naming "one fourth of the estate could only lie rs
certaned by reference 10 the condition of the esat,
at the period fixed by the will towit, when She "ar
rived Of age. He intended that the value and condi
ton Of his estate at this period should be regarded
and referred 20, the standard of equality and diy-
| ion among his children. He did not intend sever
ance OF the interests Of the unmarried minors unt
the event Of marriage, flA age; hut "as each De-
specuyely attained 10 either states he or s
should have an equal portion allotted TO the eldc>
| child, when She arrived Of age"
He contidod the disposition of his whole estate-t,
! ms WE sugectHo these trusts, thereby superaddu
70 her natural duty the powers, trusts and AUTHORITY
imposed by us terms. He intended thar hs wife an,
! children, during minority, should continue ON,
| family. in his hfetime-that the whole propert,
should be Kept together and its proceeds enjoyed o.
| gether. for their common support. under the conto
| Of the mother a. the natural head. until they re
spectlvcy arrived Of age. thereby making her trusts
and Obligations, and rights under the will conslSten
and co-eNtcnsiye with their natural duty; aud aity
their several trusts were thus discharged and nuret
the ahd ana negroes ard all the residue Of the 60
tate, with it, accommodations Gftcr the period whcf
the oldest child arrived Of age. were absolutely vested
in her. (the wife, discharged Of all trusts.
| Regarded IN this view, the will i natural equal
just, benehctnt alike to all the children. and still hh
era to the wife. and promotive Of their hest Interests
and happiness a tamily.-secUrng parental author
Ity to the mother, while Il shouid exist and q lu-
| portion TO each OF his children when Of age.
While therefore, the wife's right to the land and
slaves vested ~ interest nj the death of the testator
far a. 10 entte her 20 the possession thereof 'l
the execution Of the trusts OF the WILL and 60 an m
choate right Of future enjoyment, they did not Nes
IN her the absolute title and right to their separate
an exclusive enjoyment, until amer the payment 81
the lcgaceS, and the performance Of the trusts ano
after the youngest child becomes of age, OF marres
at which time her interest becomes vested abso
| lutely.
We think, therefore, the court below erred IN over
ruling the exceptions to the answer, so far a. m
same tended TO ascertain from the eXecutrlN In
amount and value of the estate the day the eldes
child Mrs SorshS arrived of age; ana also IN Its con
! structlon OF the will of decedent
For these errors the decree Of the Probate Conr
| will he reversed, and cause remanded Tor iutthe
| proceedings in accordance with this opinion,
| HARRIS.