Words ought to be made subservient to the intent, not the intent to the words.

Explanation

Words are the servants of intent, not its master — where the literal words conflict with the clear intention of the parties or the legislature, the intent governs and the words must yield.

Where this applies

• A testator's will says "I leave my estate to my beloved niece Sarah" but misspells her last name — the court looks past the misspelling to honor the testator's clear intent.
• A contract says the buyer will pay "on the first of each month" but both parties have been paying and accepting payment on the fifteenth for years — the actual intent, shown by conduct, overrides the literal words.
• A legislature drafts a safety statute that accidentally uses "may" instead of "shall," but the legislative history and purpose make clear the requirement was intended to be mandatory.