Brady v. Fuller

Citations

• 78 Kan. 448
• 96 P. 854
• 1908 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Written Instruments — Deed, or Will — Éeservations Construed. An instrument in the form of a deed, duly acknowledged and recorded, which in express terms does “grant, bargain, and sell, convey and confirm” land to a grantee, and which reserves from the land conveyed a life-estate in the grantor, and, following this reservation, contains another giving the grantor power “to mortgage, encumber, sell, lease, convey or otherwise •dispose of said real estate,” and which, in the habendum clause, also contains a recital and condition that if “the said party of the second part shall die before the death of the said party of the first part then and in that event the estate hereby conveyed shall revert to and vest in the said party of the first part, just as if this deed had not been made,” is not testamentary in character, but is a deed conveying a present title to the grantee, subject to a life-estate in the grantor; and it is further held that the reservation in the grantor of power -to mortgage, encumber, sell, lease or convey the real estate refers to the control and disposition of the reserved life-estate.</p>