Nolan v. Otney

.The opinion of the court was delivered by

MASON, J.:

Martin Dolan executed an instrument purporting to be a warranty deed conveying property to Joseph Otney, but containing these words immedi*312ately following the granting clause, which was in the usual form:

“This deed is made with the understanding that the same is not to take effect or be in force until the death of the grantor, and upon the death of the grantor is to take effect and at said time to vest in the said grantee the absolute title in fee simple of the property above described.

“And it is further understood that the said Joseph Otney…