Can a will be interpreted without any reference to the property upon which the will was made?

California, United States of America


The following excerpt is from Graham's Estate, Matter of, 310 P.2d 442 (Cal. App. 1957):

It is a mistaken notion that a will can be interpreted without any reference to the property upon which it operates or the circumstances in which it was made. Paley v. Superior Court, 137 Cal.App.2d 450, 455-456, 290 P.2d 617, 620: 'The will on its face is not ambiguous. * * * But it is necessary to apply every will to the subject matter upon which it is to operate. To that end extrinsic evidence is always necessary. * * * Wigmore on Evidence, section 2470, page 227 says: 'The truth had finally to be recognized that words always need interpretation; that the process of interpretation inherently and invariably means the ascertainment of the association between words and external objects; and that this makes inevitable a free resort to extrinsic matters for applying and enforcing the document. 'Words must be translated into things and facts.' Instead of the fallacious notion that 'there should

Page 445

Other Questions


How have courts interpreted the interpretation of a federal agency's interpretation of the California Civil Code? (California, United States of America)
Can a probationer search a common area of a residential property, shared by nonprobationers, without a warrant, without authorising a search? (California, United States of America)
When a prosecutor makes a brief and mild reference to a defendant's failure to testify without any suggestion that an inference of guilt be drawn there from that reference, is it harmless error? (California, United States of America)
Is a city's interpretation of a section of the California Civil Code interpreted in the context of an administrative agency's interpretation? (California, United States of America)
Is a gift by a husband to his wife's interest in a community property, without her consent, a violation of her property right? (California, United States of America)
Can a defense interpreter only interpret words of the witness interpreter at trial? (California, United States of America)
What is the test for interpretation of the California Code of Civil Procedure when it comes to the interpretation of statutory interpretation? (California, United States of America)
How have the courts interpreted section 654 of the Criminal Code when referring to prior convictions? (California, United States of America)
Does the common law presumption regarding form of title conflict with the statutory presumption that property acquired during the marriage is community property? (California, United States of America)
Can an interpreter be replaced by a different interpreter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.