Pentico v. Hays

Citations

• 75 Kan. 76
• 88 P. 738
• 1907 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Written Instrument Construed to be a Deed, and Not a Will. An instrument in writing in the usual form and with all the content of an ordinary warranty deed, but with this reservation in the habendum: “except a lifetime lease on said land, in three days after the said party of the first part is deceased this deed shall be in full force,” is, upon its face, when signed, a warranty deed of the fee to the land therein described, with a reservation of a life-estate in the grantor, and is not a will.</p> <p>2. -Estate Conveyed — Delivery and Acceptance of the Deed. Such a deed, when signed, acknowledged and recorded by a mother, conveys a present estate to her child between nine and ten years of age, who is named as the grantee therein, in fee to the land therein described, subject to the life-estate, though the deed be not actually delivered to the child but is retained by the mother until her death; provided, that the circumstances, considered in connection with the deed, indicate that such was the intention of the mother at the time, and such conveyance is beneficial to the child.</p> <p>S. - Declarations of the Grantor — Hearsay Evidence. In such a case, on a trial to determine the title to the land, had after the death of the mother, statements made by her after the recording of the deed may not be proved in derogation of the title of the child or its. grantee.</p>