Brannan v. Easter
2012 Ohio 2045
Ohio Ct. App.2012Background
- Brannan and Musick claimed an interest in the Lucasville property and sought declaratory and injunctive relief.
- A 2007 general warranty deed purportedly granted a joint life estate with a remainder over to the survivor, but included transfers on death language to Brannan Jr. and Musick.
- The deed described tax mailing address and then stated transfers on death to Brannan Jr. and Musick, and it was recorded.
- Brannan and Musick filed suit on February 11, 2011; appellees moved to dismiss under Civ.R. 12(B)(6).
- Trial court dismissed, concluding the deed conveyed fee simple to appellees; the appellate court reviews de novo for construction of deeds.
- Court affirmed dismissal, holding the deed conveyed fee simple to appellees and the transfers on death language was superfluous since a fee simple had already been conveyed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the deed convey fee simple to appellees or only a joint life estate with remainder? | Brannan/Musick argue the deed created a life estate with remainder, not fee simple. | Easter argues the deed, with remainder over language, conveys fee simple to appellees. | Appellate court held fee simple was conveyed; trial court’s grant of Civ.R. 12(B)(6) affirmed. |
Key Cases Cited
- Maitland v. Ford Motor Co., 103 Ohio St.3d 463 (Ohio 2004) (de novo review for Civ.R. 12(B)(6) standard; factual proof required)
- Vail v. Plain Dealer Publishing Co., 72 Ohio St.3d 279 (Ohio 1995) (de novo review standard for 12(B)(6) upon appeal)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (Ohio 2004) (de novo review of legal questions on appeal)
- Cincinnati v. Beretta U.S.A. Corp., 95 Ohio St.3d 416 (Ohio 2002) (trust or deed interpretation; standards for appellate review)
- Long Beach Assn., Inc. v. Jones, 82 Ohio St.3d 574 (Ohio 1998) (construction of written instruments; precedence of granting clause)