Penienskice v. Short

Rodney, J.,

delivering the opinion of the Court:

It may readily be conceded that the word “heirs” was a necessary word at common law in a conveyance, inter vivas, between individuals in order to grant a fee *529simple title. Statutes of most states have changed this rule and some slight consideration will later be given to the pertinent Delaware statute. This modification of the Common Rule is but an application of the almost universal modern rule that in the construction of deeds, like all other instruments, the real intention of the parties is to be sought and carried out unless such intention is…