Friday, October 5, 2007

What Does “Strictly Construed” Mean?

The rule that a forfeiture clause is to be strictly construed means simply that no wider scope is to be given to the language employed than is plainly required, and it is the cardinal rule of construction that the intent of the testator as manifested by the terms of the will must be given effect. In re Kitchen, supra. In the instant case the only provisions that would result in a forfeiture under the will were the commencement of proceedings to contest the will, or failure to abide by any of its provisions. We find nothing in either of said actions commenced by respondent against appellants indicating a purpose to contest the will; on the contrary, by filing her petition for partial distribution, she indicated the reverse. The case of Estate of Hite, supra, and other cases relied upon by appellants, are all cases where there was a contest of the will or of some of its provisions.

In re Seipel’s Estate (1933) 130 Cal.App. 273, 276-277.

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