Nelson v. Parker

ON PETITION TO TRANSFER

BOEHM, Justice.

The issue in this case is whether a deed “subject to a life estate” in a third person validly creates that life estate. We hold that it does and overrule earlier authority to the contrary.

Factual and Procedural Background

Russell Nelson died in August 1994, three months after executing a warranty deed containing the following language:

Convey and warrant to

RUSSELL .H. NELSON, DURING HIS LIFETIME, AND UPON HIS DEATH, SHALL PASS TO DANIEL NELSON.

SUBJECT TO: EASEMENTS,' LIENS, ENCUMBRANCES, LIFE ESTATE IN, IRENE PARKER, AND RESTRICTIONS OF RECORD.

(Capital…