Howell v. . Howell

The Court is of opinion that the construction put on the instrument given by the plaintiffs is erroneous. It is in form a personal obligation of the sons, under a penalty, that the father shall, upon certain terms, possess and enjoy the property as long as he will live on the land. The question is whether it is to be taken according to its form and natural sense or to be construed to be a reservation or conveyance of the legal estate to the father for life. The true principle for the construction of all instruments is that of effectuating the intention of the parties, if it can be done. When…