Ward v. Ward

1. The deed executed by Garrett Tyrrell conveying described land to his daughter, Mary Ann Ward, had the effect of placing a life-interest in the latter, with remainder over to her children.

2. The granting clause of the deed expressly restricts the interest of Mary Ann Ward to a life-estate. The words “and after her death to her children” do not mean that the remainder is to children surviving her, but mean children living at the time the deed was executed and delivered or subsequently born to her.

3. “If two clauses in a deed be utterly inconsistent, the former must prevail; but the intention…