Chaplin v. Chaplin

Citations

• 105 Kan. 481
• 184 P. 984
• 1919 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Provisional Warranty Deed — Testamentary in Character — Inoperative for Want of Witnesses. The insertion in a warranty deed of a provision that it shall be void in case the grantee dies before the grantor indicates a purpose that the title shall pass only in the event the grantee shall survive the grantor, and renders the instrument testamentary in character and therefore inoperative for want of witnesses. The fact that it was executed shortly after the grantor had suffered a paralytic stroke, in consideration of the care and kindness of the grantee, his brother, and the probability that he would be a burden on him for some time to come, does not militate against this construction.</p>