Kaleialii

Kaleialii v. Sullivan

Good Law
155 C.C.A. 222·242 F. 446·1917 U.S. App. LEXIS 1901
United States Court of Appeals for the Ninth CircuitMay 7, 1917No. 2818California1,758 words

Opinion

lead Opinion

Hunt, J.

(after stating the facts as above). [1] The controlling question m the litigation is the construction of the deed from Alexander Adams, Jr., to his daughters, Peke and Maria. The plaintiffs in error contend that the proper construction is that Adams created in each one of his daughters an estate for the life of each one of them, with a remainder over to their children, if any such children should survive the mother or mothers. Defendants in error contend that the deed gave Peke and Maria each a fee simple in half of the land, and that Peke’s interest passed to Maria, and that the fee simple in both halves passed from Maria, through Robertson and Bolte, to the defendants in error.

[2, 3] The true principle is to construe the deed according to the intention of the parties as manifested by the entire instrument, even-though it may not comport with the language of a particular part of it. The recitals in the deed under examination, and which may be useful to aid us in arriving at the intent,' are a kind of explanation by the grantor. The first purpose disclosed by them is “to provide for” the daughters, so as to prevent inconvenience to them, and also to- provide the care of their…

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