Culpeper National Bank v. Wrenn

Citations

• 115 Va. 55
• 78 S.E. 620
• 1913 Va. LEXIS 8

Syllabus

<p>1. Deeds&emdash;Construction&emdash;Intention&emdash;Deed to Be Read as a Whole.&emdash; In construing a deed or other written instrument the object is to ascertain the meaning of the parties as expressed in the and, in ascertaining the purpose and object of the parties, all parts of the instrument must be taken and considered together, and, no matter what the form of the instrument effect must be given to the intent whenever it is clear and free from doubt.</p> <p>2. Deeds&emdash;Construction&emdash;Granting and Hahendum Clauses&emdash;Conflict.&emdash; Under the technical common law rule, the habendum clause of a deed yields to the granting clause where there is a repugnance between the estate granted and that limited in the habendum, but this rule has no application where the intention can be with reasonable certainty from the whole instrument, and no legal obstacle lies in the way of giving effect to such, intention.</p> <p>3. Deeds&emdash;Construction&emdash;Case in Judgment&emdash;Fee-Simple&emdash;Trusts and Trustees.&emdash;Under a deed conveying land to a trustee for the sole and separate use of W. (a married woman) “during her lifetime and at her death in trust for her children,” followed by .a provision that “if at any time the said W. shall convey the whole or any part of the said land by deed duly executed according to the laws of Virginia, then the trustee shall hold the same in trust for such person or persons as may be appointed and directed by such deed or deeds,” W. takes a fee-simple estate. The deed is practically a conveyance in trust to W. for life with remainder to her children, unless she should convey the land, and then in trust for such person or persons as she may appoint or direct by such deed or deeds.</p>