Court Interprets Language in Deed: Fee simple or life estate?
The deed in question purported to convey "a joint life estate with remainer over in fee simple to the survivor of them." Then, after stating the property address, the deed contained conflicting "transfer on death" language. The grantors filed suit alleging that they had an interest in the property, but the grantees were attempting to sell the property. The court dismissed the action, finding that the grantees held fee simple title.
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