DEEDS - CONSTRUCTION - EXECUTORY INTERESTS - DESTRUCTIBILITY RULE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

In 1883, the grantor conveyed by warranty deed to A for life, remainder to the heirs of B. A died in 1931; B died in 1935, leaving two children and one grandchild as his heirs-at-law. Claiming an undivided one-third through the grandchild, plaintiff started partition proceedings against B's children. Held, that the intent of the grantor must control, and he did not intend to create a contingent remainder in the heirs of B. The deed was a bargain and sale, adapted to a conveyance to uses. On the death of the life tenant, the fee was in the grantor or his heirs, subject to a springing use in favor of B's heirs, which the statute of uses executed on B's death. Bass River Savings Bank v. Vickerson, (Mass. 1939) 21 N. E. (2d) 717.

Recommended Citation

Michigan Law Review, DEEDS - CONSTRUCTION - EXECUTORY INTERESTS - DESTRUCTIBILITY RULE, 38 Mich. L. Rev. 409 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss3/17