Padgett v. Hatton

Jenkins, Presiding Justice.

(After stating the foregoing facts.) 1. “If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties, from the whole instrument, should, if possible, be ascertained and carried into effect.” Code, § 29-109.

2. Giving effect to each of the quoted provisions of the deed, it must be taken to mean that the grantor, after reserving a life estate for himself and wife, conveyed a succeeding life estate to “E,” with remainder over at her death to the heirs of her body, if any, in fee simple; but that, if “E” should die…