Property Law Keyed to Cribbet
Abo Petroleum Corporation v. Amstutz
In February of 1908 by separate instruments which were called “conditional deeds” James and Amanda Turknett (grandparents of Defendants) conveyed life estates in two separate parcels to Ruby and Beulah (parents of the Defendants). The deeds called for the property to remain the daughters’ “during her natural life, . . . and at her death to revert, vest in, and become the property absolute of her heir or heirs, meaning her children if she have any at her death, but if she die without heirs, then and in that event this said property and real estate shall vest” in her estate. At the time neither daughter was married and neither daughter had any children. In 1911, the parents gave another deed to Beulah which purported to give “absolute title to the grantee.” Also, there were subsequent deeds on the same parcels to Beulah in 1916 and to Ruby as a “correction deed.” After the deeds had been made Beulah had three children and Ruby had four children. Beulah and Ruby attempted to conv ey fee simple interests in the property to predecessors of Plaintiff Abo Petroleum Company. The children of Beulah and Ruby argue that the their parents could only convey life estates in the property to the predecessors of Plaintiff Abo Petroleum Company. The Plaintiff contends that the deeds in 1911 and 1916 vested Beulah and Ruby with fee simple title which was then conveyed to Plaintiff’s predecessors. The lower court found in favor of Abo Petroleum Company and the children appealed.
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