neceffary to be had recourfe to, must be made upon the entire deed and not upon disjsinted parts of it, as one part may help to expound another, and ex antecedentibus confequentibus

eft optima interpretatio.

5. And further, that the whole and every part of the deed may take effect, so tha though it cannot take effect according to the letter, it may yet be conftrued fo as to take fome effect or other. Finch. 60. Plow. 154. 160. 1 P. Wms. 457.

6. A fixth rule, according to the TouchAlone, is that the words of a deed are to be taken most against the grantor and more for the advantage of the other party (p. 87.) "but here," Mr. Juftice Blackstone obferves, #6 a diftinction is to be taken between an indenture and deed poll; for the words of an indenture executed by both parties are to be conftrued as the words of them both, but in a deed poll executed only by the grantor, they are the words of the grantor only, and fhall be taken moft ftrongly against him, and in general this rule, being a rule of fome ftrictnefs and rigour, is the laft to be reforted to, and is never to be relied upon but when all other rules of expofition fail." 2 Com. 380. alfo Bac. El. r. 3. Plow. 134. and fee a further diftinction, post. rule 8.

7. If different parts of a deed are contradictory and repugnant to each other, the first fhall be received and the latter rejected, unless there be fome special reason to the contrary: and in this it is faid (Touch. 88. Hurd. 94. Co. Lit. 112. Plow.541. 2 Biac.Com. 381.) a deed differs from a will, wherein if there be repugnant clauses, the last shall stand and the first be rejected; but this diftinction, according to later authorities, is to be adopted with much restriction, and the better opinion feems to be that where a devife is made to two different perfons, they shall take in moities. See 3 Aik. · 493. Co. Lit. 112. b. n. (1).

8. If words ufed in a deed have a double import, and the one would render the deed conformable to law and the other contrary, they shall be taken in that fense which is agreeable to law. Co. Lit. 42.. Thus if a tenant in tail make a leafe for life generally, without expreffing for whose life, it shall be construed to be intended for the life of the leffor and not for the life of the leffee, which would be contrary to law, and incur a forfeiture.

9. Lastly, in a devise, which is now confidered in many refpects as a conveyance, the conftruction is to be abundantly liberal, fo that the intention of the teftator

may if poffible be observed, "who for want of advice or learning, may have omitted the proper phrafes." 2 Blac. Com. 381. And agreeably to this rule, a fee is allowed to pafs under a devife without words of inheritance, which are abfolutely neceflary to create a fee by deed, and fo of other cafes. See lb. 381. 1 Vent. 376. and the celebrated cafe of Perrin v. Blake. 1 Blac. Rep. 672. 4 Bur. 2579. Doug. 322.

Further remarks and illustrations relative to the rules of conftruction in respect of deeds and wills, the reader will find collected in Finch. 58. Shep. Touch. 86. Plow. 160. Lil. Conv. 152. and i Fonb. Eq. c. vi.

III. Befides the rules which we have juft noticed in refpect to the enurement and conftruction of deeds, there are others which relate more particularly to the things granted, of these the principal is the following:

When any thing is granted by deed, it is an incidental and legal confequence that every thing neceffary for the attainment of the thing granted, together with whatever may appertain thereto, will pafs with it, without any exprefs words, comprehending such collateral objects; thus the grant of a piece of ground includes the grant of a way to it; the

grant of trees, a power and liberty to cut them down and carry them away. 11 Co. 52. And fo by the grant of a mill; waters, flood-gates, and other things of neceffary use thereto will likewife pafs; by the grant of a reverfion of lands the rent will pass as being incident thereto; by the grant of arab e lands, commons appendant pafs, &c. &c. of which fee more, Co. Lit. 307. Shep. Touch. 89.

INDEX

TO THE

SECOND VOLUME.

LETTERS OF ATTORNEY.

OBSERVATIONS on letters of attorney
Are applicable to various purpofes
Their authority must be ftrictly pursued.
Cannot be delegated

Letters of attorney are in their nature revokable,
and why

How it may be annulled

Forms of letters of attorney for different purposes

A general letter of attorney to receive debts
To receive money on a bond

To manage eftates, receive rents, &c.

ib.

ib.

3

ib.

4

ib.

7

By a feme covert (under a power in a settlement)
to receive rents, &c. of her fettled eftates
From two perfons to receive South Sea annuities 9
By two furviving mortgagees to receive interest
monies and give acquittances

To receive a legacy

10

11

To demand rent, and in default in payment to
enter in purfuance of a power of re-entry in a
leafe

To take poffeffion of lands newly purchased
To fell an estate

To fell South Sea ftock

12

13

14

15

To vote in the choice of affignees, receive divi-

dends, and fign certificate

ib.

To furrender copyholds to the use of a will

17