Montgomery v. Sturdivant

Citations

• 41 Cal. 290

Syllabus

<p>Deed without Words of Inheritance.—A deed, which in its granting part, simply grants, bargains, and sells to the party of the second part, and contains no words of inheritance, under our statute, conveys a fee simple title; but the title thus conveyed may be limited, in the habendum clause, to an estate for life.</p> <p>Idem.—Such limitation in the habendum clause of a deed is not repugnant to the granting clause.</p> <p>Habendum Clause in a Deed.—The office of the habendum clause in a deed is to limit and define the estate which the grantee is to have in the property granted.</p> <p>Conveyance of' Life Estate with Remainder to Heirs.—A conveyance to husband and wife, for their joint lives, and to the survivor during the life of the survivor, with remainder to the issue and heirs of their two bodies, and the heirs of such issue forever, vests a life estate in the grantees, and a full estate in their children.</p>