Weiss v. Soto

In Weiss v. Soto, 142 W. Va. 783, 98 S.E.2d 727 (1957), the Court encountered a situation in which the language of a will appeared to provide the testator's wife with a fee simple estate, while giving the testator's daughters the residue of the estate. The Court attempted to prevent the terms of the will from being "entirely futile and utterly without meaning." 142 W. Va. at 799, 98 S.E.2d at 737. In construing the will, the Court concluded that, despite the precise language used, the testator intended to give his wife a life estate and his daughters a remainder in fee simple. The Court examined the issue of the testator's awareness of the financial condition of his wife and three married daughters at the time of the devise and concluded that such knowledge supported a life estate devise to the wife and a remainder estate to the daughters. Id. at 798, 98 S.E.2d at 737. The Weiss holding examined the words employed, as well as the surrounding circumstances, to disallow complete frustration of the testator's intent. Strict adherence to the technical meaning of the words used would have led to an illogical and presumably unintended result. The Court prevented the technical terms of a holographic will from being "entirely futile and utterly without meaning." 142 W.Va. at 799, 98 S.E.2d at 737. In that case, the language of the will gave the testator's wife a fee simple estate, while at the same time attempted to give the testator's daughters the residue of the estate. Applying common sense principles of construction, this Court concluded that, notwithstanding the language used, the testator intended to give his wife a life estate and his daughters a remainder in fee simple. In reaching this conclusion, the Court looked to the testator's awareness of the financial condition of his wife and three married daughters at the time of the devise and concluded that this knowledge supported a life estate devise to the wife and a remainder estate to the daughters given that two of the daughters had husbands with particularly weak financial means. Id. at 798, 98 S.E.2d at 737. In full recognition of the fact that the residuary language of the will would lack any meaning if the words were applied in their technical sense, the Court in Weiss refused to permit the testator's intent to be frustrated because of the insertion of improper terms in the will.