Estate of Sherman Ex Rel. Maddock v. Estate of Sherman Ex Rel. Snodgrass

HEARN, C.J.:

This appeal arises from a declaratory judgment regarding a deed executed by Rosemary C. Sherman to herself and her husband, Norman E. Sherman. The trial court found the deed effectively created a right of survivorship, and therefore, the subject property belonged in fee simple to Norman’s estate. We affirm.

FACTS

Rosemary was the owner in fee simple absolute of her residence. On June 27, 1985, she conveyed her property to Norman and herself without using an intervening conveyance. The granting clause in the deed reads as follows:

Rosemary C. Sherman ... do[es] grant, bargain, sell…