GA Code § 44-5-34 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 5 - Acquisition and Loss of Property|Article 2 - Conveyances|§ 44-5-34. Construction of Inconsistent Clauses in Deed; Ascertainment of Intention of Parties

 If two clauses in a deed are utterly inconsistent, the former shall prevail; but the intention of the parties should, if possible, be ascertained from the whole instrument and carried into effect.   (Orig. Code 1863, § 2656; Code 1868, § 2655; Code 1873, § 2697; Code 1882, § 2697; Civil Code 1895, § 3607; Civil Code 1910, § 4187; Code 1933, § 29-109.)   OPINIONS OF THE ATTORNEY GENERAL   "And/or" clause interpreted.   - Clause "and/or her daughter" in a deed would be interpreted to pass a free title to the taxpayer and her daughter as equal tenants in common. 1965-66 Op. Att'y Gen. No. 66-148.   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Deeds, § 192 et seq.   C.J.S.   - 26A C.J.S., Deeds, § 188 et seq.   ALR.    - Rule that particular description in deed prevails over general description, 72 A.L.R. 410.    Conflict between granting and habendum clauses as to estate conveyed, 84 A.L.R. 1054; 58 A.L.R.2d 1374.    Phrase "from and after" death of life beneficiary as affecting character of remainder as vested or contingent, 103 A.L.R. 598.    Meaning of term "issue" when used as a word of purchase, 117 A.L.R. 691.    Reference in deed or mortgage to proportion of larger tract, inconsistent with other terms descriptive of property covered, 127 A.L.R. 1040.    Deed as conveying fee or easement, 136 A.L.R. 379.    Water as within term "minerals" in deed, lease, or license, 148 A.L.R. 780.    Rules as to interpretation of description of real property as applicable to description in judgment, 150 A.L.R. 773.    Validity of reservation of oil and gas or other mineral rights in deed of land, as against objection of repugnancy to the grant, 157 A.L.R. 485.    Use of word "joint" or "jointly" in provision of deed other than the granting or habendum clause as indicating intent to create a joint tenancy rather than one in common between the grantees, 157 A.L.R. 566.    Judgment based on construction of instrument as res judicata of its validity, 164 A.L.R. 873.    Construction and effect of provision of deed for sharing of profits in event of discovery of minerals, oil, or gas, 173 A.L.R. 1104.    Construction and application of provision of deed, mortgage, lease, or land contract covering personal property on, attached or used in connection with the premises, 175 A.L.R. 404.    Construction and application of covenant restricting use of property to "residence" or "residential purposes", 175 A.L.R. 1191.   What constitutes oil or gas "royalty," or "royalties," within language of conveyance, exception, reservation, devise, or assignment, 4 A.L.R.2d 492.   Written matter as controlling printed matter in construction of deed, 37 A.L.R.2d 820.   Oil and gas as "minerals" within deed, lease, or license, 37 A.L.R.2d 1440.   Quantum or character of estate or interest created by language providing premises as a home, or giving or granting same for such use, 45 A.L.R.2d 699.   Description with reference to highway as carrying title to center or side of highway, 49 A.L.R.2d 982.   Conflict between granting and habendum clauses as to estate conveyed, 58 A.L.R.2d 1374.   Construction and effect of provision for payment of damages to "crops" or "growing crops" in mineral deed or lease, or in conveyance of pipeline or other underground easement, 87 A.L.R.2d 235.   Value of property as factor in determining whether deed was intended as mortgage, 89 A.L.R.2d 1040.   Estate created by deed to one and his "blood heirs" or "blooded heirs,", 89 A.L.R.2d 1222.   Deed to railroad company as conveying fee or easement, 6 A.L.R.3d 973.   Time to which condition of remainderman's death refers, under gift or grant to one for life or term of years and then to remainderman, but if remainderman dies without issue, then over to another, 26 A.L.R.3d 407.   Which of conflicting descriptions in deeds or mortgages of fractional quantity of interest intended to be conveyed prevails, 12 A.L.R.4th 795.   May easement or right of way be appurtenant where servient tenement is not adjacent to dominant, 15 A.L.R.7th 1.