Hursey v. McPeek

Citations

• 2025 Ohio 5707

Syllabus

Language in a deed that (1) conveyed certain real property to a grantee, (2) reserved to the grantors the right to benefit from the minerals and fossil fuels beneath that real property, and (3) said that the right to the minerals and fuels would pass to the grantee and his heirs after the grantors' deaths created a life estate in the underground commodities for the grantors and a vested remainder interest in those commodities for the grantee. That vested remainder interest in the underground commodities could be and was transferred by the grantee to a new owner while the grantors were still alive, and that new owner is now entitled to access the minerals and fuels because the original grantors have passed away.