Dorsey v. McCaskill

CLAY, Commissioner.

This is a suit for a declaration of rights with respect to the ownership of a house and lot in Flemingsburg. The Chancellor adjudged title in appellee. The appellants are heirs of Emma Emmons.

In 1943 the property was deeded to Myrtle McVey and Emma Emmons. The granting clause would have vested them with a fee simple title but the deed further provided as follows:

“It is the agreement and covenants of this Deed that if said parties of the Second Part (Myrtle and Emma) have not sold or conveyed said property at the time of the death of one of them, then in that event said…