Will to pass rights acquired after the making thereof. 1312. 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, if it 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 the real estate of such testator, passes all the real estate which such testator was entitled to devise at the time of his decease. SECTION 1317. Testator's intention to be carried out. 1319. Rules of interpretation. 1320. Several instruments are to be taken together. 1321. Harmonizing various parts. 1322. In what case devise not affected. 1323. When ambiguous or doubtful. 1324. Words taken in ordinary sense. 1325. Words to receive an operative construction. 1326. Intestacy to be avoided. 1327. Effect of technical words. 1328. Technical words not necessary. 1329. Certain words not necessary to pass a fee. 1330. Power to devise, how executed by terms of will. 1331. Devise or bequest of all real or all personal property, or both. 1332. Residuary clause. 1333. Same. 1334. "Heirs," "relatives," "issue," "descendants," etc. 1335. Words of donation and of limitation. SECTION 1336. To what time words refer. 1337. Devise or bequest to a class. 1338. When conversion takes effect. 1339. When child born after testator's death takes under will. 1341. When devises and bequests vest. 1342. When cannot be divested. 1343. Death of devisee or legatee. 1344. Interests in remainder are not affected. 1345. Conditional devises and bequests. 1346. Condition precedent, what. 1347. Effect of condition precedent. 1348. Conditions precedent, when deemed performed. 1349. Conditions subsequent, what. 1350. Devisees, etc., take as tenants in common. 1317. 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. "All the NOTE.-Kidwell vs. Brummagim, 32 Cal., p. 436. 1318. In case of uncertainty arising upon the face of a will, as to the application of any of its pro The acquiesced in for fifty years, except that the word * instru 1320. Several testamentary instruments, executed Several by the same testator, are to be taken and construed together as one instrument. NOTE.-Howland vs. Union Theo. Sem., 5 N. Y., ments are to be taken together. Harmoniz ing various parts. In what case devise not affected. 1321. 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. NOTE.-All parts construed relative to each other (Arcularius vs. Geisenhainer, 3 Bradf., p. 64; affirmed, 25 Barb., p. 403; Egerton vs. Conklin, 25 Wendall, pp. 224-238; Covenhoven vs. Shuler, 2 Paige, p. 130; Ford vs. Ford, 6 Hare, p. 492; Stewart vs. Jones, 3 De Gex. and J., p. 532), so as to form one consistent whole, if possible (Carter vs. Hunt, 40 Barb., p. 391; Morrall vs. Sutton, 1 Phillips, p. 533; Mutter's Estate, 38 Penn. St., p. 314; Jennings vs. Newman, 10 Sim., p. 223); but when several parts, whether in the same sentence or in different sentences (Morrall vs. Sutton, 1 Phillips, pp. 537-547), are absolutely (Barclay vs. Maskelyne, H. R. V. Johns., p. 131; Sweet vs. Chase, 2 N. Y., p. 79; Covenhoven vs. Shuler, 2 Paige, p. 123) irreconcilable, the latter must prevail.-See Trustees of Theolog. Seminary vs. Kellogg, 16 N. Y., p. 88; Norris vs. Beyea, 13 N. Y., p. 284; Campbell vs. Rawdon, 18 N. Y., p. 414; Griffen vs. Ford, 1 Bosw., p. 123; Bradstreet vs. Clarke, 12 Wend., p. 602. 1322. 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. NOTE.-Devise not affected by reasons assigned therefor.-Cole vs. Wade, 16 Ves., p. 46; see Thompson vs. Whitlock, 5 Jur. (N. S.), p. 991. Nor by other words not equally clear and distinct.-Thornhill vs. Hall, 2 Cl. and F., p. 22; Barclay vs. Maskelyne, H. R. V. Johns., p. 126. This rule applies equally to prior (Greenwood vs. Sutcliffe, 14 C. B., p. 226) and to subsequent words.-Arcularius vs. Geisenhainer, 3 Bradf., p. 75; affirmed, 25 Barb., p. 403; Kiven vs. Oldfield, 4 De Gex and J., p. 30; Borrell vs. Haigh, 2 Jur., p. 229. Nor by inference or argument from other parts.-Campbell vs. Harding, 2 Russ. and M., p. 409; Jennings vs. Newman, 10 Sim., p. 223. Nor by inaccurate recital or reference.-Hillersdon vs. Lowe, 2 Hare, |