Chester v. Cannon

Gregory, Justice.

By deed dated November 12, 1938, Emmett Alderman reserved a life estate for himself and conveyed fifty acres of land in Bulloch County in fee simple “to his daughter Mary Alma Alderman Sconyers and her children born and to be born.” Alderman explained in the deed that he intended “to convey to Mary Alma Alderman Sconyers so that the title to [sic] will open up and take in all unborn children.”

It is often said that careful drafting removes the need for construction. Because this deed is unclear, the courts must determine Emmett Alderman’s intention.

On the date of the…