Black v. Poole

Jordan, Justice.

This is a dispute involving title to land. The single issue before this court is whether a document is a will or a deed. The paper on its face purports to be a warranty deed of gift from Boaz Calvin Dixon to John Hickman Black and Buford Roy Poole. It contains all of the usual clauses pertaining to a warranty deed, and is duly signed, witnessed, and recorded as a warranty deed. In addition, however, it contains the recitation that it "is a deed of gift effective upon the death of Boaz Calvin Dixon to be and belong to the party of the second part in fee simple.” Relying on this…