Fellbush v. Egen

Citations

• 221 Pa. 420
• 70 A. 816
• 1908 Pa. LEXIS 500

Syllabus

<p>Deed — Form of paper — Construction—Intention—Evidence—Covenant to stand seized.</p> <p>Where an instrument is unquestionably a deed in form, and the language used is fairly capable of only one construction, the intent of the maker must be gathered from his language, and not from evidence dehors the instrument.</p> <p>It is only where the grantor's words are ambiguous to the extent of being capable of more than one construction that resort can be had to other evidence dehors the instrument to discover his intent.</p> <p>By a paper styled an indenture in which a husband was mentioned as of the first part, and his wife of the second part, the husband granted and conveyed to the party of the second part certain land described. Following the description of the land were these words: “The full intent and meaning of this conveyance is that the party of the second part shall enjoy said property for and during the term of her natural life. Said life estate to take effect upon the death of the grantor herein, and the remainder to go to the children of the said parties of the first and second part.” Held, that the paper was a deed, which even if it passed no present estate was good as a covenant to stand seized.</p>