FRANKLIN REAL ESTATE COMPANY v. Music

CLAY, Commissioner.

This is a declaratory judgment action in which the Chancellor determined that a certain instrument was a deed rather than a will and vested in the grantee a fee simple title to the real estate involved. These findings are challenged on this appeal.

In 1911 by “Deed of Conveyance” D. Mart Hager did “sell and convey” to Laura B. Music “and her children” a certain tract of land. There was a covenant of general warranty in the instrument and it recited a consideration of $3,000.

It also contained the following provision:

“The intention of this deed is to convey to the said Laura…