Kahaulelio v. Ihihi

Citations

• 24 Haw. 292
• 1918 Haw. LEXIS 46

Syllabus

<p>Deeds — construction—repugnant clauses.</p> <p>It is a rule of law that in the construction of deeds if two clauses therein are so repugnant that they both cannot stand the first will be sustained and the latter rejected.</p> <p>Same — same—intent.</p> <p>While the intent and not the words is the principal thing to be regarded yet in searching for .the intent we are hedged about by certain positive rules of law which must be heeded. One of such rules is that a grantor cannot destroy his own grant however much he may modify it or load it with conditions. Having once granted an estate in his deed no subsequent clause, even in the same deed, can operate to nullify it.</p>