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  • Construction of a will favorable to testacy

  • Nevada Probate Attorneys

    Construction of a will favorable to testacy

    Kanable v. Birch, 86 Nev. 558, 471 P.2d 237 (1970):

    The power to make wills is a power granted solely by statute and is subject to the limitations imposed by statute. In re Walters' Estate, 60 Nev. 172, 104 P.2d 968 (1940). But the law prefers a construction of a will favorable to testacy where the instrument will admit of such a construction. Tsirikos v. Hatton, 61 Nev. 78, 116 P.2d 189 (1941); Soady v. First National Bank, 82 Nev. 97, 411 P.2d 482 (1966); In re Moody's Estate, 257 P.2d 709 (Cal.Dist.Ct.App. 1953).


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    DEMPSEY, ROBERTS & SMITH, LTD.
    1130 Wigwam Parkway
    Henderson, Nevada 89074

    (702) 388-1229

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