Doran v Ross
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1817 |
| Date | 01 January 1817 |
| Court | High Court of Chancery |
English Reports Citation: 34 E.R. 677
IN CHANCERY
dokan v. Ross, 1 Ves. Jun. 57.-The ordinary legal effect of an instrument, of which the several parts are not plainly inconsistent with each other, is not to be altered by construction, even though there may be considerable reason to suspect that the real intention of the parties may be frustrated, by an adherence to the common rules of interpretation. Even with respect to testamentary instruments, where greater latitude of construction is allowed, than in other cases, the legal effect of plain words, or words which have acquired an established technical moaning, nrast not be changed, unless the context authorizes the qualification ; see, post, note 4-, to Blake v. Bunbury, 1 V. 194. But the doctrine that the operative part of a settlement may be reformed, so as to accord with the intention distinctly declared in the recital ; as it was admitted in the principal case, so it was fully recognized (with an intimation, in some of the cases, that the Court will more readily interfere when the parties stand in the relation of parent and child, or husband and wife), in Hope v...
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