Howe v. Howe

Citations

• 94 Kan. 67
• 145 P. 873
• 1915 Kan. LEXIS 45

Syllabus

<p>syllabus by the court.</p> <p>Deed — Interpretation — Limitation to “Blood Heirs?’ Void — Estate in Fee Simple Created. In' the premises of a deed the grantor was described as “of the first part.” Five persons, who were his children, were named as “of the second part.” The granting clause granted the land to “the parties of the second part, their blood heirs and assigns.” The habendum was “forever.” The covenant of seizin was with “said parties of the second part.” The warranty was to “said parties of the second part, their heirs and assigns.” A life estate was reserved to the grantor by a separate clause. Held-. (1) The intention of the grantor is to be gathered from the four corners of the instrument. (2) The grantor intended to make a present grant of the land to the five persons named as parties of the second part, reserving to himself a life estate. The grantees were to have power to convey, but if no conveyance were made the land was to descend to their blood heirs only. (3) The words “blood heirs” were words of limitation and not words of purchase. The limitation was void, and the grantees took, estates in fee simple and not estates for life.</p>