WILLS - EXECUTORS AND ADMINISTRATORS -TITLES - EFFECT OF THE REVOCATION OF PROBATE DECREES ON THE TITLE TO REALTY ACQUIRED BY BONA FIDE PURCHASE FROM HEIR OR DEVISEE

Authors

Victor P. Kayser, University of Michigan Law SchoolFollow

Abstract

There are probably few chains of title to realty that do not contain at least one link consisting of a conveyance from one who claimed as heir or devisee of a decedent. The ability of the granter to convey resulted from the fact that he was heir of an intestate or was a devisee under the last will of his testator. Sometimes it has occurred that the grantee has purchased for value and with no knowledge or suspicion of an impending attack on his grantor's title, only to have it subsequently determined in a judicial proceeding that his grantor's ancestor had left a will, that his granter was not heir, claimed under an invalid will, or that there was a later testamentary instrument. So the question arose, what title could the bona fide purchaser for value claim as against the heir or devisee normally entitled to the land?

Recommended Citation

Victor P. Kayser, WILLS - EXECUTORS AND ADMINISTRATORS -TITLES - EFFECT OF THE REVOCATION OF PROBATE DECREES ON THE TITLE TO REALTY ACQUIRED BY BONA FIDE PURCHASE FROM HEIR OR DEVISEE, 36 Mich. L. Rev. 120 (1937).
Available at: https://repository.law.umich.edu/mlr/vol36/iss1/10