Harris v. Neely

Clarke, Presiding Justice.

This appeal presents the question of whether an instrument constitutes a deed conveying title subject to a life estate or whether it is an attempted will.

If the instrument is testamentary it has no effect because of de*362fective attestation. On the other hand, if the document is a deed, it conveys title. In this action for declaratory judgment and injunctive relief, the trial court held the document is a deed. We affirm.

Using a warranty deed form, a document was prepared for and executed by Mr; and Mrs. Giles in 1951. The instrument described certain lands and used…