How Do Courts Determine the Intentions of the Testator?
Courts often first look into the will itself, reading certain parts to see if they conflict with the literal meaning of “personal property.” In most cases, courts will follow what the will says, even if it means excluding certain items that are generally considered “personal property.” For example, suppose a will gives all “personal property” to the testator’s brother, yet gives a prize winning horse to the testator’s uncle. Even though one’s horse falls within the literal meaning of “personal property,” a court will likely honor what the will says and give the horse to the uncle. The aim of this is to carry out the will the way the testator intended, by avoiding technicalities based on abstract legal terms. Another method of determining the intentions of the testator is to look at surrounding circumstances. For example, suppose a will gives the testator’s sister all his “personal property.” However, suppose the testator left his car with his cousin, who has kept and maintained the car
