Sec 666

It is a rule of construction that when there is a general conveyance of a right, with an exception, the right is to be strictly construed. A grant might be made nugatory by a liberal construction of an exception; and when the object of the conveyance is to pass something substantial only that is to be taken out which the words require.1 A proviso, also, which annuls a grant will be considered as a nullity.2 An explanatory condition or proviso, however, when not repugnant to the context, will not be rejected, but will be regarded as a limitation.3 But, as a general rule, words of exception are to be construed, in cases of doubt, most strongly against the party in whose favor they are introduced.4 Conditions in restraint of alienation, also, will be strictly construed, and not permitted to operate unless plainly expressed.5

Correlative documents to be considered together.

1 Pearsall V. Summersett, 4 Taunt. 593; Hassell V. Long, 2 M. & S. 363; Bell V. Bruen, 1 How. 169.

2 Rooke V. Kensington, 2 K. & J. 753; Jenner V. Jenner, L. R. 1 Eq. 361; as to releases, see infra, sec 1037.

3 Browning V. Wright, 2 B. & P. 13.

4 Woodruff V. Savings Institution, 34 N. J. Eq. 174.

5 Wh. on EV. sec 1015, 1103-4; Leake, 2d ed. 229; Coldham V. Showier, 3 C. B. 312; Sawyer V. Hammett, 15 Me. 40; Salmon Falls Man. Co. V. Portsmouth, 46 N. H. 249; Strong V. Barnes, 11 Vt. 221; Makepeace V. Howard Coll., 10 Pick. 298; Cummings V. Antes, 19 Penn. St. 287; Blim V. Torode, 4 Phil. 118; Galena R. R. V. Barrett, 95 Ill.

467; Whitehust V. Boyd, 8 Ala. 375; Sewall V. Henry, 9 Ala. 24; Dean V. Lawham, 7 Oregon, 422.

6 Wh. on EV. sec 1103, 1127; Stucky V. Bailey, 1 H. & N. 405; Stevens V. Baird, 9 Cow. 274; Morss V. Salisbury, 48 N. Y. 646; Cordray V. Mordecai, 2 Rich. 518; Casey V. Holmes, 10 Ala. 776; Hill V. Parker, 10 Ill. Ap. 323; Munson V. Osborn, 10 Ill. Ap. 508.

7 Wh. on EV. sec 1103, 1127; Mann V. Whitbeck, 17 Barb. 388.

8 Adams V. Hill, 16 Me. 215; Van Hagen V. Van Rensselaer, 18 Johns. 420; Thompson V. McClenachan, 17 S. & R. 110.

9 Kennedy V. Ross, 25 Penn. St. 256.

Sec 667

"Verba generalia restringuntur ad habilitatem rei vel persona?." - "All words, whether they be in deeds or statutes, or otherwise, if they be general, and not express and precise, shall be restrained unto the fitness of the matter or person."6 Thus in a policy of insurance against "restraint of kings, princes, and people of what nation, condition, or quality soever," "people" has been construed to mean ruling powers, and not individual marauders,7 and a covenant in a lease for quiet enjoyment has been held to apply to evictions on lawful title, and not to confiscations by government or disturbance by private assailants.8 A narrow recital, also, will not control a larger condition which it is the manifest intention of the document to carry into effect.9 General words, also, grammatically applicable to only one covenant may be construed to extend to other covenants when the sense of the entire document is thus more fully brought out.1 On the other hand, when a recital is descriptive and explanatory, it may control words of disposal, which, on the face of the document, are meant to be subordinated to the recital.2

Exceptions and provisions to be strictly construed.

Specific meaning is to be brought out.

1 Leake, 2d ed. 232; Taylor V. Liverpool Co., L. R. 9 Q. B. 546; Bathurst V. Stanley, L. R. 4 C. D. 251.

2 Story, Cont. sec 809; Bac. Abr. Grants, L. 1; Jackson V. Ireland, 3 Wend. 99.

3 Ibid.; Stewkley V. Butler, F. Moore, 880.

4 Ch. on Cont. 11th Am. ed. 137; Bullen V. Denning, 5 B. & C. 842; Donnell V. Ins. Co., 2 Sumn. 366; Jackson V. Lawrence, 11 Johns. 191; House V. Palmer, 9 Ga. 497.

5 Brothers V. McCurdy, 36 Penn. St. 407.

6 Bacon's Maxims, Reg. 10; Leake, 2d ed. 227; Hitchen V. Groom, 5 C. B. 515; Gunnsted V. Price, L. R. 10 Ex. 69; German V. Chapman, L. R. 7 C. D. 271; Hoffman V. Ins. Co., 32 N. Y. 405; Chapin V. Clemitson, 1 Barb. 311; Hall V. Bank, 53 Md. 120.

7 Nesbitt V. Lushington, 4 T. R. 783.

8 Chanudflower V. Priestley, YelV. 30.

9 Sansom V. Bell, 2 Camp. 39.