Simerson v. Simerson

DISSENTING OPINION OP

PERRY, J.

It is clear to my mind that the actual .intent of the grantors, inartificially expressed, was in effect (1) to retain a life tenancy for the term of the life of the survivor of them, (2) to give Mary a life tenancy for the term of her life and (3) to give the remainder to Mary’s son William and to such other children, if any, as might be born to her after the date of the deed. The general rule seems to be undoubted that in deeds 'as well as in other instruments the intent of the parties, when ascertained, is to be given effect unless it is in conflict with some…