Dana v. Lewis

Supreme Court of Rhode Island

Dana v. Lewis

2 R.I. 492

DecidedSeptember 6, 1853

StatusPublished

This text of 2 R.I. 492 (Dana v. Lewis) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dana v. Lewis, 2 R.I. 492 (R.I. 1853).

Pincite

Opinion

Brayton, J.

delivered the opinion of the Court.

The only question in this case is, whether the word crops, in the bequest to Amasa Whipple, means growing crops or gathered crops. If it means the former, the execution was rightly served by the defendant. It is a rule of construction, that effect should be given to all the words of a written instrument, if that be possible. We think the gathered crops would have passed to Amasa Whipple by the words “ hay, fodder, produce and provisions and, therefore, as the word “ crops” may mean either gathered or growing crops, in order to give effect to it, we must construe it in the latter sense.

Judgment for the defendant.

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Brayton, J.

delivered the opinion of the Court.

The only question in this case is, whether the word crops, in the bequest to Amasa Whipple, means growing crops or gathered crops. If it means the former, the execution was rightly served by the defendant. It is a rule of construction, that effect should be given to all the words of a written instrument, if that be possible. We think the gathered crops would have passed to Amasa Whipple by the words “ hay, fodder, produce and provisions and, therefore, as the word “ crops” may mean either gathered or growing crops, in order to give effect to it, we must construe it in the latter sense.

Judgment for the defendant.

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Bluebook (online)

2 R.I. 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dana-v-lewis-ri-1853.