Elliott v. Cox

WELLS, Judge.

Plaintiffs contend that the court should construe the 1937 deed to pass title to them subject to a life estate interest in Edna if she survived Archie and to declare void the 1988 deed from Edna Buffkin to defendants. Defendants contend that the court should construe the 1937 deed to create a tenancy by the entirety in Archie and Edna Buffkin and give full force and effect to the 1988 deed to defendants.

The materials presented to the court show that the facts in this case are not in dispute, and that only the language in the deed is at issue. “A deed is to be construed by the…