¶1We have examined this case with attention. It is not clear of difficulties; but looking at the question as one of intention, which ought to prevail if possible in the construction of wills, we concur in the views taken by the circuit court. It is therefore ordered and adjudged that the decree of the circuit court be affirmed.
¶2dissenting. The decree of the circuit court is predicated on the idea that it was the intention of the testator to give to his wife the note in the bill mentioned.. There can be no doubt but it was his intention at the time of making the will; but as the will is ambulatory until the death of the testator, he had a right to alter it if he pleased, and his having disposed of the note in his life time was an acLmptiq^ of the legacy.