Gardner v. Gardner

By a deed dated April 13, 1945, B. Clay Coppage and his wife conveyed a 408-acre farm to James E. Gardner and his son, Irvin T. Gardner. The granting and habendum clauses recited that the property was granted and conveyed to the Gardners, as parties of the second part, “their heirs and assigns, forever and unto the survivor of them the said parties of the second part and unto the heirs and assigns of the survivor of them.” In the same deed, the Gardners jointly and severally agreed to assume two mortgages of the Coppages which encumbered the property.

On December 19, 1969, Irvin died…