University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document: University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction: Vermont (state)
Effective Date: 1932-02-04
Original Source: https://www.courtlistener.com/opinion/4215928/university-of-vermont-state-agr... ↗

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of this conveyance. But this does not preclude the grant of an estate in fee. The doctrine of the common law that the absence of the word “heirs” caused the estate, though expressed to be perpetual in duration, to be one for life only has been from the earliest times in this State considered to be a rule of construction only and not one of positive law. The intention of the parties, as gathered from the instrument taken as a whole, -is to govern. All this clearly appears from the exhaustive opinion of the late Mr. Justice Haselton in Johnson v. Barden, 86 Vt. 19, 20 et seq., 83 Atl. 721, Ann. Cas. 1915A, 1243. See, also, Blake v. Stone et al., 27 Vt. 475, 476; Noyes v. Nichols, 28 Vt. 159; Collins, Admr. v. Lavelle, 44 Vt. 230, 233; City of Burlington ex rel. Board of School Commissioners v. Mayor of City of Burlington,

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