3. Construction of legacies. First, the ttsch nical import of words is not to prevail over the obvious intent of the testator. 3 Tenn, 86 ; 11 East, 246 ; 16 id. 221 ; 6 Ad. & E. 167 • 7 Mees. & W. Exch. 1, 481 ; 1 Mylne & 571 ; 2 id. 759 ; 2 Russ. & M. Ch. 546 ; 2 Mass. 56 ; 11 Pick. Mass. 257, 375 ; 13 id. 41, 44; 2 Mete. Mass. 191, 194 ; I Root, Conn. 332 ; 1 Nett & M'C. So. C. 69 ; 12 Johns. N. Y. 389. Second, where technical words are used by the testator, or words of art, they are to have their technical import, unless it is apparent they were not intended to be used in that sense. 6 Term, 352 ; 3 Brown, Ch. 68 ; 4 Russ. Ch. 386, 387 ; 2 Sim. Ch. 274 ; 1 Mange & J. Ch. 512 ; 4 Ves. Ch. 329 ; 8 id. 306; Dougl. 341; 5 Maes. 500; 8 id.
3 ; 2 M'Cord, C. 66 ; 5 Den. N. Y. 646. Third, the intent of the testator ie to be de termined from the whole will. 1 Swanst. Ch. 28; 1 Coll. Ch. 681 ; 8 Term, 122; 3 Pet. 377 ; 4 Rand. Va. 213 ; 8 Blackf. Ind. 387. Fourth, every word shall have effect, if it can be done without defeating the general purpose of the will, which is to be carried into effect in every reasonable mode. 6 Ves. 102 ; 2 Barnew. & Ald. 448 ; 2 Blackstone, Comm. 381 : 3 Pick. Mass. 360 ; 7 Ired. Eq. No. C. 267 ; 10 Humphr. Tenn. 368 • 2 Md. 82 ; 6 Pet. 68 ; 1 Jarman, Wills, 404-'412. afth, a will of personalty made abroad, theifix domicilii must prevail, unless it appear the testator had a diffeient intent. Story, Confl. of Laws, N 479 a, 479 m, 490, 491.
4. Whether cumulated or repeated. Where there is internal evidenee of the intention of the, testator, that intention is to be carried out, 2 Beav. &Ile, 215 ; 7 id. 107 ; 3 Hare, Ch. 620 ; 2 Drur. & Warr. Ch. 133 ; 3 Ves. Ch. 462 ; 5 id. 369 ; 17 id. 462 ; 2 Sim. & S. Ch. 145; 4 Hare, Ch. 219 ; and evidence will be received in support of the apparent inten tion, but not against it. 2 Brown, Ch. 528 ; 4 Hare, Ch. 216 ; 1 Drur. & Warr. Ch. 94, 113. Where there is no such internal evi dence, the following position4s of law appear established. First, if the same specific thing is bequeathed twice to the same legatee in the same will, or in the will and again in a codicil, in that case he can claim the bene fit of only one legacy. Toiler, Exec. 335 ; 2 Hare, Ch. 432. Second, where two legacies of quantity of equal amount are bequeathed to the same legatee in one and the sa,me in strument, there also the second bequest is considered a mere repetition, and he shall be entitled to one legacy only. 1 Brown, Ch. 30; 4 Ves. Ch. 75 ; 3 Mylne & K. Ch. 29 ; 10 Johns. N. Y. 156. See 4 Gill, Md. 280 ; 1 Zabr. N. J. 573 ; 16 Penn. St. 127; 5 De Gex
& S. Ch. 698; 16 Sim. Ch. 423. Third, where two legacies of quantity of unequal amount are given to the same person in the name in strument, the one is not merged in the other, but the latter shall be regarded as cumula tive, and the legatee entitled to both. Finch, 267 ; 2 Br6wn, Cla. 225 ; 3 Hare, Ch. 620. Fourtlt, where two legaeies.are given simpli citer to the same legatee by different instru ments, in that case also the latter shall be cumulative, whether its amount be equal, 1 Cox, Ch. 392 ; 17 Ves. Ch. 34 ; 1 Coll. Ch. 495 ; 4 Hare, Ch. 216, or unequal to the for mer. 1 Chanc. Cas. 301 ; 1 P. Will. Ch. 423: 5 Sim. Ch. 431 ; 7 id. 29 ; 1 Mylne & K. Ch: 589. And see 1 Cox, Ch. 392 ; 1 Brown, Ch. 272 ; 2 Beav. Rolls, 215 •, 2 Drur. & Warr. 133 ; 1 Bligh, N. s. 491 ; 1 Phill. Ch. 294.
5. Description of legatee.—Children. This rimy have reference to the time of the testa, tor's death, or that of making the will. The former is the presumed intention, unless from the connection or circumstances the latter is the appasent intent, in which case it must prevail. 4 Brown, Ch. 55 ; Ainbl. Ch. 397 ; 2 Cox, Ch. 191, 192 ; 11 Sim. Ch. 42; 2 Wil liams, Exec. 4th Am. ed. 934.
This term will include a child in ventre sa ngre. 2 H. 131ackst. 399 ; 1 Sim. & S. Ch. 181; 2 Cox, Ch. 425 ; 1 Meigs, Tenn. 149. But it will sometimes have a more restricted application, and thus be confined to children born before the death of the testator. And it will make no difference that the bequest is to children begotten, or to be begotten, or which "may be born." 2 Mvine & K. 46 ; 14 Beavan, 453 ; 1 Williams, kxec. 982, and n ote.
Heirs may be construgl children, 3 Rich, Eq. So. C. 543 ; 4 Pick. Mss. 198 ; 2 Hayw. No. C. 356 ; and children, when used to de signate one's heirs, may include grandchil dren. 12 B. Monr. Ky. 115, 121 ; 5 Barb. N. Y. 190. But if the word children is used, iind there are persons to answer it, then grand children cannot be comprehended under it. 5 Ired. Eq. No. C. 421. See 4 Watts, Penn. 82; 3 Pert. Ala. 452 ; 5 Harr. & J. Md. 135. The general rule is, that a devise to a man and his children, he having children living at the tinie the will takes effect, creates a joint estate in the father and chiklren; but if he have no children, he takes an estate tail. 1 Turn. & R. Ch. 310 ; 12 Clark & F. Hou. L. 161. And a similar legacy of per sonal estate gives the father a life estate, if he have no children at the time the will takes effect, 12 Sim. Ch. 88 ; but if there are chil dren living, they take jointly with thefather. 5 Sim. Ch. 458.