Home > Journals > Michigan Law Review > MLR > Volume 15 > Issue 6 (1917)
Abstract
Assignments - Transfer of Expectancy - A, the apparent heir of his mother, executed a warranty deed conveying to defendants his expectancy in the realty of his mother. He died during her life, and after her death his children bring suit to have the deed cancelled as a cloud on their title. Held, that the relief prayed should be granted on the ground that the complainants were not bound by the warranty of the father, as they did not take as his heirs, but as the heirs of their grandmother, only tracing relationship through the father. Johnson v. Breeding (Tenn. 1916), 190 S. W. 545. A transfer by the heir of his expectancy is void at law, being the transfer of a mere contingency or possibility; see cases collected in 4 Cyc. i5. In Jackson v. Bradford, 4 Wend. 619, the conveyance made by the heir in the lifetime of the ancestor was declared void at the suit of one who claimed under a judgment lien entered against the heir prior to the conveyance. In Wheeler. v. Wheeler, 2 Metc. (Ky.) 474, it was held that as the conveyance was void the contract fell with it, and was no defence to an action by the grantor against the executor for the estate devised to him by the will. Where the conveyance is with warranty the grantor and all claiming through him are estopped to set up an after-acquired title. Fairbanks v. Williamson, 7 Me. 96. The assignment of an expectancy is valid in equity and will be enforced as a contract to convey whenever the expectancy ripens into a vested estate. Elder v. Frazier (Ia. i916), i56 N. W. 182. But where, as in the principal case, the expectancy never becomes a vested estate in the grantor, the assignee takes nothing. Donough v. Garland, 269 Ill. 565, iog N. E. io15, Ann Cas. x16F, 1238 ind note. See also Dungan v. Kline; 8i Oh. St. 371, go.N. X. 938.
Recommended Citation
Michigan Law Review,
Recent Important Decisions,
15
Mich. L. Rev.
508
(1917).
Available at:
https://repository.law.umich.edu/mlr/vol15/iss6/6