Liggett v. Rohr

The provisions of Code, 36-1-9 have no effect on the well-established rule that a paper which confers no estate until the death of its maker is not operative as a conveyance and is ineffective unless good as a will. Lauck v. Logan, 45 W. Va. 251, 257, 31 S. E. 986, 11 A. L. R. 28n, 38n, 71n. Under that rule, it is my opinion that the conveyance under consideration in this case was an attempted testamentary disposition by' which it was intended to vest nothing in the grantee at the time of the execution .and delivery of the deed and for that reason, not being good as a will, was of no effect.

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