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NeCede's

Maxim 11.2.17

When a deed contains a general clause, and afterwards descends to special words, consistent with the general clause, the deed is to be construed according to the special words.

Source: 8 Coke, 154; Weisman, 30h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where a deed opens with a general grant and then specifies particular terms consistent with it, the special words control the construction — the general yields to the specific.

Where this applies

  • A deed grants 'all my property in the county' but then specifies 'being the 40-acre parcel on Elm Road' — the specific description controls, limiting the grant to just that parcel.
  • A trust instrument says the trustee may invest in 'any lawful investment' but then lists only bonds and treasury notes — the specific list governs over the general language.
  • A commercial lease grants the tenant use of 'the entire building' but then describes specific rooms and floors — the tenant gets only the rooms named, not the whole building.

Legal domains

Cite this maxim

NeCede Max. 11.2.17 — When a deed contains a general clause, and afterwards descends to special words, consistent with the general clause, the deed is to be construed according to the special words. — 8 Coke, 154; Weisman, 30h

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