Peebles v. Rodgers

This appeal involves the construction of an instrument which is in the form of a deed but which contains the following provision: “This deed is intended to convey all lands I now own. It is distinctly understood and agreed that grantor, is to live on, use, control, possess etc. the above described property during my lifetime, and at my death, this deed to take effect and title to vest in grantee. ’ ’

It is contended by the appellant, Ella Katherine Peeb-les, a granddaughter of the signer of the instrument, that the same is not a deed in that it conveys no interest in the lands in praesenti,…