Estate of Koch

This is an appeal from that portion of the decree of distribution awarding the residue of the estate of deceased, $1,688.80, to Catherine Billington, her sister and sole surviving heir at law. The question to be decided is as to the construction of a codicil to the will. The will is as follows:

A will should be so construed as to carry out the desire and intention of the testator if it is possible to do so from the words used. It is also the rule in the construction of a will to interpret it, if reasonably possible, so to prevent intestacy. As to what were the intentions of a testator in a given case is often a question difficult of solution. Sometimes its final determination is but an approximation. We must take not only the will but its entire scheme; the property disposed of; the persons named as devisees or legatees; the words used, and the context. The technical import of words should not prevail over the obvious intent of the testator; and words should be construed with reference to the surroundings.

Here the decedent had her little estate all in money or convertible paper. She intended to dispose of it by bequests of certain named amounts to her sister and her friends who…