Houts v. Jameson

1 Citing case

  1. In re Estate of Spencer

    232 N.W.2d 491 (Iowa 1975)   Cited 15 times
    Stating courts are "bound to carry out" the intent of a settlor or testator

    However, they analyze that instrument differently, and each, not surprisingly, extracts from her language a reasonable and plausible version favorable to himself and those he represents. The rule upon which our decision depends is stated this way in Houts v. Jameson, 201 N.W.2d 466, 468 (Iowa 1972): "The basic rules governing our consideration of this will are: (1) the testator's intent is the polestar and must prevail; (2) the intent must be gathered from a consideration of all the language of the will, the scheme of distribution, and the facts and circumstances surrounding the making of the will; and (3) technical rules of construction should be resorted to only if the language of the will is clearly ambiguous or conflicting or testator's intent is for any reason uncertain.