Also known as: expresses contrary intent · expressed contrary intent · expressing contrary intent · expression of contrary intent · express intent to the contrary · contrary intent
Written by attorneys · grounded in primary & secondary sources — see below
A clear statement or provision in a legal instrument or the surrounding facts showing that the parties or testator intend a result different from the default rule that would otherwise govern the transaction or disposition.
Esme Ellington conveyed multiple lots in a planned subdivision to buyers using deeds that expressly stated no servitudes for common roads or parks would arise from the general plan. When one buyer later claimed an implied right to use an undesignated access road shown on the plat, the court held that the explicit disclaimer in the deeds prevented any implied servitude from forming.
Edgar Evers executed a will leaving property to his daughters while unmarried, then married Eva Espinosa two days later without revising the document. At probate, the daughters argued the marriage revoked the will by operation of law, but the court permitted extrinsic evidence that Evers had intended the will to remain effective despite the marriage.
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Express contrary intent prevents merger when the parties clearly agree that non-title covenants, such as those addressing physical condition or repairs, will survive closing. Without such an indication, covenants concerning physical condition remain enforceable after delivery of the deed.
Supporting sources
A vendor purchase money mortgage receives priority over a third-party purchase money mortgage unless the parties manifest a contrary intent in the transaction documents. Simultaneous recording alone does not override this default hierarchy.
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Words of survivorship alone do not automatically constitute express contrary intent sufficient to displace an antilapse statute. Courts examine whether the will contains a clear alternative disposition or other indication that the testator intended the gift to fail if the beneficiary predeceases.
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…G. L. c. 191, § 9, is that a divorced spouse should not take under a trust executed in these circumstances. In the absence of an expressed contrary intent, that statute implies an intent on the part of a testator to revoke will provisions favoring a former spouse. It is incongruous then to ignore that same intent with regard to a trust funded…