Examples of Testator in a sentence
The term includes its derivatives, such as "survives," "survived,"221 "survivor," and "surviving."222 (53) "Testacy proceeding" means a proceeding to establish a will or determine223 intestacy.224 (54) "Testator" includes an individual of either sex.225 (55) "Trust" includes a health savings account, as defined in Section 223, Internal226 Revenue Code, any express trust, private or charitable, with additions thereto, wherever and227 however created.
Lastly, the phrase “surviving grandsons” could mean grandsons surviving the Testator at the time of his death, with the words “born … within twenty-one (21) years of my death” providing an outer limit or a final deadline within which any future grandsons may be born to qualify as a beneficiary under this class.
What was visible to the Testator from his armchair may strengthen or weaken the plausibility of any of these interpretations.
Adopting the armchair principle, in considering whether and how the class is to be further narrowed, the court has regard to the then prevailing circumstances known to the Testator.
In particular, the first and second interpretations each poses different difficulties or concerns, namely why the Testator would want to exclude existing grandsons (under the first interpretation) or future grandsons (under the second interpretation).