Davis Trust Co. v. Elkins

In Davis Trust Co. v. Elkins, 114 W. Va. 742, 175 S.E. 611 (1934), the Court held "In the construction of wills uniform justice is better than strict consistency, because the testator necessarily confides his meaning to an instrument which courts of equity are sacredly enjoined to interpret justly as between him and those he leaves behind, should controversy arise; death having closed his own lips." The Court also recognized in Davis Trust that "courts are never bound to give a strict and literal interpretation to the words used, and by adhering to the latter, defeat the manifest object and design of the testator." 114 W. Va. at 746, 175 S.E. at 613.