169 S.E. 617 | W. Va. | 1933
This suit requires the construction of a deed of real estate, executed by Harmon Loar and wife in 1881 to their daughter, Mary E. Frasher, now Withrow, "and her heirs". The consideration stated is $1,000.00, paid. The land was granted (as the deed designates) "unto the said Mary E. Frasher as long as she lives, and to her heirs after her death, or to her assigns forever". The plaintiffs, J. J. Raines and R. McClure, are grantees of the real estate under a deed from Mrs. Withrow purporting to convey the fee, and plaintiffs contend that the Loar deed likewise passed the fee to their grantor. The *871 defendants, Stella Heslip and Clara Billups are the only children of Mrs. Withrow. Mrs. Heslip was born before the Loar deed was executed. The defendants contend that their mother acquired merely a life estate under the Loar deed, with remainder to them. The circuit court found in favor of the plaintiffs, and defendants appealed.
The defendants rely especially on Milhollen v. Rice,
Other courts construing like clauses have reached a like conclusion. InJohnson v. Morton, 28 Texas Civ. App. 296[
Some erasures are apparent on the face of the Loar deed, but there is no evidence of when the erasures were made or of their purpose. Conjecture of counsel in relation thereto cannot be considered.
The judgment of the circuit court is affirmed.
Affirmed.