Marvin v. Brewer

Miller, J., delivered the opinion of the Court. The bond of the 16th of March, 1814, refers in express terms to the articles of agreement of the same date, and must be construed in connection with and as given in execution thereof. The two papers constitute in fact one executed and consummated agreement. They are very unskilfully drawn, but the intention of the parties, which must govern their construction, is sufficiently plain.

They are in effect a contract by which Vinson and wife sold to Brewer the land therein described belonging to the wife, for the sum of $570, the yearly interest upon which he was to secure and pay to the husband during life, and for the principal he gave his bond, payable immediately after the husband’s death, to Chiswell, his executors or administrators as trustee for the benefit of, and by the trustee to be paid over to Mrs. Vinson if she survived her husband, and if she died before him then to the person or persons to whom she might dispose of it by will, or to her heirs if she died intestate. This is the true construction of the papers and effectuates the obvious intention of the parties. The omission in the bond of the sum to be paid is supplied by the reference to the agreement. The legal obligation on the part of Brewer, which it is the object of this suit to ²⁵⁸ enforce, was to pay $570, immediately after tbe death' of William Vinson, to Chiswell or to his'executors or administrators.

The duty of Chiswell, or his personal representative, was to pay the money when collected to Mrs. Vinson, or to her legatees or heirs as the case may be, and