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When the Effect of the Word Heirs Is Changed by Explana Tory Words


WHEN THE EFFECT OF THE WORD "HEIRS" IS CHANGED BY EXPLANA TORY WORDS. It is a primary rule in the con struction of wills, and devises therein made, as well as in the construction of a deed, to ascertain the intent with which it was executed, and to give effect to every phrase and clause if possible. So that where there is provision in the will or deed wholly inconsistent with a fee simple or fee tail vesting in the ancestor, then the heirs mentioned in such grant must be construed to take as purchasers, and the word "heirs" is not con strued under the rule in Shelley's Case as describing the estate of the ancestor.