Benton Harbor Federation of Women's Clubs v. Nelson

I cannot agree with the conclusion of Mr. Justice Sharpe that the instrument of November 26, 1923, conveyed a present interest to plaintiff. Such instrument, in the form of a deed, expressly provided:

“The grantors herein reserve the right to occupy, use and enjoy all of said premises and property during the lives of said grantors, James Stanley Morton and Carrie Heath Morton, and the survivor thereof; that is to say, that no part of this conveyance shall become effective until after the death of the grantors above named. Upon the death of the survivor of said grantors, this instrument shall…