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Property Keyed to French
Nelson v. Parker
Facts
Shortly before his death, Russell Nelson executed a warranty deed stating his intent that, when he died, his property should pass to his son Daniel (Plaintiff). The deed also contained the express statement that Plaintiff’s interest in the property was subject to a life estate held by Irene Parker (Defendant), who had lived with Russell for thirteen years prior to his death. After Russell died, Defendant remained on the property, and Plaintiff brought an action to eject her. The trial court granted Defendant’s motion for summary judgment. Plaintiff then appealed, arguing before the court of appeals that the warranty deed improperly reserved an interest to Defendant, who was a stranger to the deed. At common law, a grantor could reserve an interest in a deed for himself, but not for any other party, who would be considered a “stranger” to the deed. Plaintiff cited the Indiana Supreme Court’s decision inOgle v. Barker, 68 N.E.2d 550 (1946), which upheld the common law rule. The court of appeals determined that the grantor’s intent would govern in interpreting the deed, and would be determined by the deed’s language and the surrounding circumstances at the time of execution. The court of appeals also noted that the common law rule was developed in feudal times and was no longer relevant. Accordingly, the court of appeals upheld Defendant’s life estate. Plaintiff then appealed to the state supreme court.
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