Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties

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  6. Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties

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If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect.

(Orig. Code 1863, § 2656; Code 1868, § 2655; Code 1873, § 2697; Code 1882, § 2697; Civil Code 1895, § 3607; Civil Code 1910, § 4187; Code 1933, § 29-109.)

OPINIONS OF THE ATTORNEY GENERAL

"And/or" clause interpreted.

- Clause "and/or her daughter" in a deed would be interpreted to pass a free title to the taxpayer and her daughter as equal tenants in common. 1965-66 Op. Att'y Gen. No. 66-148.


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