Henderson v. Mack
Court of Appeals of Kentucky
Case 62 — CONSTRUCTION OR DEED appeal from mercer circuit court. It is clear that the words of the habendum in the deed to “ Y. and his heirs and assigns, forever, with covenant of general warranty,” create a fee-simple ; but when there is added to the clause quoted, “ during his natural life,” the clauses are irreconcilable, and the latter should be rejected. (Blackstone, book 2, page 380; Washburn Real Prop., volume 3, pages 436, 437, 439; 40 Vermont, 23; Shep.
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Case 62 — CONSTRUCTION OR DEED appeal from mercer circuit court. It is clear that the words of the habendum in the deed to “ Y. and his heirs and assigns, forever, with covenant of general warranty,” create a fee-simple ; but when there is added to the clause quoted, “ during his natural life,” the clauses are irreconcilable, and the latter should be rejected. (Blackstone, book 2, page 380; Washburn Real Prop., volume 3, pages 436, 437, 439; 40 Vermont, 23; Shep. Touchstone,-102; Conn. Dig., 278; 42 Penn. Stat., 376.) The only rational manner of construing the deed is. that since the words…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Tlie only question presented by this appeal is, whether by the deed from J. M. Harris to James E. Young the fee-simple title to the property conveyed by it vested in him or merely a life estate with remainder to the appellee, Belle Mack.
The granting clause of the deed reads as follows, to wit: “Do hereby sell, grant and convey to the party of *380the second part, his heirs and assigns, the following described property ; ’ ’ and, save this statement, there is nothing in the premises of. the deed bearing upon the question at issue.
The habendum, however,…
2Cases cited1 opinion
- M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
3Cited by25 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Barnett v. BarnettCalifornia Supreme Court · 1894
- Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
- McNair & Wade Land Co. v. AdamsSupreme Court of Florida · 1907
- Jacobs v. All Persons, Etc.California Court of Appeal · 1909
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