State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 21120-21122

SECTION 21120-21122

21120.  The words of an instrument are to receive an interpretation
that will give every expression some effect, rather than one that
will render any of the expressions inoperative. Preference is to be
given to an interpretation of an instrument that will prevent
intestacy or failure of a transfer, rather than one that will result
in an intestacy or failure of a transfer.

21121.  All parts of an instrument are to be construed in relation
to each other and so as, if possible, to form a consistent whole. If
the meaning of any part of an instrument is ambiguous or doubtful, it
may be explained by any reference to or recital of that part in
another part of the instrument.

21122.  The words of an instrument are to be given their ordinary
and grammatical meaning unless the intention to use them in another
sense is clear and their intended meaning can be ascertained.
Technical words are not necessary to give effect to a disposition in
an instrument. Technical words are to be considered as having been
used in their technical sense unless (a) the context clearly
indicates a contrary intention or (b) it satisfactorily appears that
the instrument was drawn solely by the transferor and that the
transferor was unacquainted with the technical sense.