The testator’s intention is to be regarded in wills.

Explanation

In construing a will, the paramount object is to ascertain and give effect to the testator’s intention as expressed in the instrument — technical rules of construction yield to the maker’s manifest purpose.

Where this applies

• A will contains ambiguous language and the court must look past the strict wording to determine what the testator actually intended to happen with his estate.
• A strict grammatical reading of a will would disinherit the testator's grandchildren, but the surrounding provisions make clear he intended them to inherit.
• Two clauses in a will appear to conflict, and the court resolves the tension by asking which reading best carries out the testator's expressed wishes.