Smith v. Dugger

In construing any written instrument, words ought to be given their ordinary meaning and the intention of the parties ought to be gathered from the language used by them. By the deed of 1873 the grantor conveys the fee to the grantees and then provides for the shifting of the fee upon the happening of a certain contingency. This leaves the fee of the several grantees base or determinable. As the fee is to shift “in case of the death of either of the above vendees before marriage and legitimate heirs,” the question is, To what time does death refer? Death in the lifetime of the grantor or…