Title 44, Chapter 6, Section 21
( 44-6-21)
The word "heirs" or its equivalent is not necessary to create an
absolute estate. Every properly executed conveyance shall be
construed to convey the fee unless a lesser estate is mentioned and
limited in that conveyance. If a lesser estate is expressly limited,
the courts shall not, by construction, increase such estate into a
fee but, disregarding all technical rules, shall give effect to the
intention of the maker of the instrument, as far as the same is
lawful, if the intention can be gathered from the contents of the
instrument. If the court cannot gather the intention of the maker
from the contents of the instrument, it may hear parol evidence to
prove the maker's intention. |