Peele v. Wilson County Board of Education

MARTIN (Harry C.), Judge.

Plaintiffs contend that the manifest intention of the grantors in the deed to the school board limited the conveyance to a grant *558of less than fee simple and that “the trial judge erred by failing to consider all parts of the deed in determining the estate conveyed.” Plaintiffs argue that the plain and express words indicate that the Peeles intended to grant a fee on condition subsequent.

Assuming, arguendo, that we adopt plaintiffs’ position that the conditional provision in the deed must be given weight as an expression of the grantors’ intent, we cannot agree that…