Sec. 654. Gift to a witness void. All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to the will.71 Sec. 655. Gift to a witness not void, when. If a witness to whom any beneficial devise, legacy or gift, void by the preceding section, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to them.72 Sec. 656. Probate of will not prevented, when. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved." Sec. 657. Property acquired after will made. Any estate, right or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto was vested in him at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator. Every will made in express terms, devising, or in any other terms, denoting the intent of the testator to devise all 71 Snyder, 8,923; Wilson, 6,833. 72 Snyder, 8,924; Wilson, 6,834. 73 Snyder, 8,925; Wilson, 6,835. the real estate of such testator, passes all the real estate which such testator was entitled to devise at the time of his decease." 74 Sec. 658. Intention of testator governs. A will is to be construed according to the intention of the testator. Where his intention cannot have effect to its full extent, it must have effect as far as possible.75 Sec. 659. Will excludes all oral declarations. In case of uncertainty, arising upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations.76 Sec. 660. Rules of interpretation. In interpreting a will, subject to the laws of this State, the rules prescribed by the following sections of this chapter are to be observed, unless an intention to the contrary clearly appears." Sec. 661. Instruments construed together. Several testamentary instruments, executed by the same testator, are to be taken and construed together as one instrument." 74 Snyder, 8,926; Wilson, 6,836. 75 Snyder, 8,927; Wilson, 6,837; California, 1,317 (Kerr), identical; Estate of Fair, 132 Cal. 523, 60 Pac. 442; Estate of Whitcomb, 24 Pac. 1,028; Estate of Rogers, 94 Cal. 520, 29 Pac. 962; Estate of Larkmeyer, 135 Cal. 28, 66 Pac. 961; Estate of Reith, 144 Cal. 314, 77 Pac. 942; Rhoton v. Blevin, 99 Cal. 645, 64 Pac. 513. 76 Snyder, 8,928; Wilson, 6,838. 77 Snyder, 8,929; Wilson, 6,839. 78 Snyder, 8,930; Wilson, 6,840; California, 1,320 (Kerr), identical. As to construction of codicil, see Estate of Ladd, 94 Cal. 670, 30 Pac. 99; Estate of McCaulay, 138 Cal. 432, 71 Pac. 512; Estate of DeLaveaga, 119 Cal. 651, 51 Pac. 1,074. Instruments of same date to be construed together, when. Estate of Murphy, 104 Cal. 554, 38 Pac. 543. Sec. 662. Irreconcilable parts. All the parts of a will are to be construed in relation to each other, and so as if possible to form one consistent whole, but where several parts are absolutely irreconcilable, the latter must prevail.79 Sec. 663. Distinct devises not affected by inaccuracies. A clear and distinct devise or bequest cannot be affected by any reasons assigned therefor, or by any other words not equally clear and distinct, or by inference or argument from other parts of the will, or by an inaccurate recital of, or reference to its contents in another part of the will." Sec. 664. Ambiguities, how explained. 80 Where the meaning of any part of a will is ambiguous or doubtful, it may be explained by any reference thereto, or recital thereof, in another part of the will.81 Sec. 665. Words taken in ordinary sense. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.82 Sec. 666. Rule of construction. The words of a will are to receive an interpretation which will give to every expression some effect rather than one which will render any of the expressions inoperative.83 79 Snyder, 8,931; Wilson, 6,841; California, 1,321 (Kerr), identical; see, on this subject, Estate of Ladd, 94 Cal. 670, 30 Pac. 99; Estate of McCaulay, 138 Cal. 432, 71 Pac. 512. 80 Snyder, 8,932; Wilson, 6,842; California, 1,322 (Kerr), identical; Estate of Martin, 132 Cal. 666, 61 81 Snyder, 8,933; Wilson, 6,843. 83 Snyder, 8,935; Wilson, 6,845; California, 1,325 (Kerr), identical; see Estate of Stratton, 112 Cal. 513, 44 Pac. 1,028. Sec. 667. Validity of will favored. Of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy.84 Sec. 668. Technical words. Technical words in a will are to be construed in their technical sense unless the context clearly indicates a contrary intention. Again, technical words are not necessary to give effect to any species of disposition by will.85 Sec. 669. Words of inheritance. The term "heirs," or other words of inheritance, are not requisite to devise a fee, and a devise of real property passes all the estate of the testator, unless otherwise limited. And real or personal property embraced in a power to devise passes by a will purporting to devise all the real or personal property of the testator.86 Sec. 670. Devise in general terms. A devise or bequest of all the testator's real or personal property, in express terms, or in any other terms denoting his intent to dispose of all his real or personal property, passes all the real or personal property which he was entitled to dispose of by will at the time of his death.87 Sec. 671. Residue of real estate. A devise of the residue of the testator's real property passes all the real property which he was entitled to devise 84 Snyder, 8,936; Wilson, 6,846; 85 Snyder, 8,937 and 8,938; Wilson, 6,847 and 6,848. 86 Snyder, 8,939 and 8,940; Wilson, 6,849 and 6,850. 87 Snyder, 8.941; Wilson, 6,851; California, 1,331 (Kerr), identical. at the time of his death, not otherwise effectually devised by his will.88 Sec. 672. Residue of personalty. A bequest of the residue of the testator's personal property passes all the personal property which he was entitled to bequeath at the time of his death not otherwise effectually bequeathed by his will.89 Sec. 673. Effect of certain terms. A testamentary disposition to "heirs," "relations," "nearest relations," "representatives," "legal representatives," or "personal representatives," or "family," "issue," "descendants," "nearest,' or "next of kin," or any person, without other words of qualification, and when the terms are used as words of donation, and not of limitation, vests the property in those who would be entitled to succeed to the property of such person according to the provisions of Chapter twentyseven of the Statutes of the State of Oklahoma.90 Sec. 674. Terms mentioned are words of donation. The terms mentioned in the last section are used as words of donation, and not limitation, when the property is given to the person so designated, directly, and not as a qualification of an estate given to the ancestor of such person.o1 Sec. 675. Postponement of possession. Words in a will referring to death or survivorship, simply, relate to the time of the testator's death, unless possession is 88 Snyder, 8,942; Wilson, 6,852; California, 1,332 (Kerr), identical; Estate of Granniff, 132 Cal. 1, 75 Pac. 324; Estate of Mullen, 48 Cal. 165; Estate of Upham, 122 Cal. 90, 59 Pac. 315. 89 Snyder, 8,943; Wilson, 6,853. 90 Snyder, 8,944; Wilson, 6,854; California, 1,334 (Kerr), identical. Estate of Schedel, 73 Cal. 594, 15 Pac. 297; Rhoton v. Blevin, 99 Cal. 645; 35 Pac. 513. 91 Snyder, 8,945; Wilson, 6,855. |