Kempski v. Leszczynski

The Chancellor:

The contract calls for a good fee simple marketable title. The defendants object to the title because of a defect of record. The chain of title traces back to one John Harkins who assumed to devise the property in question to his wife in fee simple. Harkins’ will was probated in 1901. No objection is made to the record of the title as it appears subsequent to Harkins’ death.

But it is objected that the record fails to show a fee simple in Harkins, and that therefore he had no disposable interest in the property.

The controversy turns upon the effect of a deed executed by John A.…