Blackwell v. Blackwell

• Decision Date: 28 March 1899
• Citation: Blackwell v. Blackwell, 124 N.C. 269, 32 S.E. 676 (N.C. 1899)
• Parties: BLACKWELL v. BLACKWELL.
• Court: North Carolina Supreme Court

32 S.E. 676

124 N.C. 269

BLACKWELL v. BLACKWELL.

Supreme Court of North Carolina

March 28, 1899

Appeal from superior court, Caswell county; Timberlake, Judge.

Action by Lelia Blackwell against John B. Blackwell. Judgment for defendant, and plaintiff appeals. Reversed.

Where a clause in a deed conveys a fee to a wife, and a subsequent clause gives a life estate to her husband, the latter clause will be rejected for repugnancy, in construing the deed.

In case of conflict between two provisions in a deed, the last should yield to the first, and the first be given its full effect.

John W Graham, for appellant.

J. A Long and Shepherd & Busbee, for appellee.

FAIRCLOTH C.J.

The plaintiff instituted this action against the defendant, her husband, for possession of certain tracts of land, subject to his marital right of ingress and egress, and for the exclusive control of the rents and profits of these lands. She claims to be the owner in fee, and he claims to have a life estate in them. The whole matter turns upon the construction of a deed from plaintiff's father and his wife to her, dated December 22, 1887. The deed, in the premises, says: "We give, grant, convey, and confirm into the said Lelia E Blackwell [plaintiff], her heirs and assigns," two tracts of land. "*** To have and to hold the said lands and premises, together with all the appurtenances thereto belonging. And we *** do warrant and will forever defend the said title to the above-described land and premises to the said Lelia E. Blackwell, her heirs and assigns, against the claim or claims of all persons whatsoever." The deed then concludes: "I give, grant, and convey unto the said John B. Blackwell [defendant], under any and all circumstances, the above-described lands and premises, during the term of his natural life, together with all the rents and profits arising therefrom." After the deed was put in evidence, his honor expressed the opinion that the defendant was entitled to a life estate, and that the plaintiff could not recover. Nonsuit, and appeal by plaintiff.

In earlier times the rule of construction was that the first conveying clause in a deed, and the last clause in a will would control the estate. In modern times the courts, looking through a deed, will transpose words or sentences, if thereby they can effectuate the intention of the grantor, if it can be done without defeating the intent in any other part. But...