218 F. 810 | 6th Cir. | 1914
There can be no doubt that at common law, the deed would have passed a life estate only, from the lack of words of inheritance, to say nothing of the specific clause quoted; but section 2342 of the Kentucky Statutes provides that:
“Unless a different purpose appears by express words or necessary inference, every estate in land created by deed or will, without words of inheritance, shall be deemed a fee simple or sueli other estate as the grantor or testator had power to dispose of.”
The controlling question thus is whether a purpose to create an estate other than a fee appears “by express words or necessary inference.”
“When the intention can be arrived at, a rule of construction that
We think the necessary inference from all these considerations (for the deed must be construed “in the light of attending circumstances and thé relation of the parties to the contract”)
The judgment of the District Court is affirmed, with costs.
See Ratliffe v. Marrs, 87 Ky. 26, 7 S. W. 395, 8 S. W. 876, 10 Ky. Law Rep. 134; Humphrey v. Potter, 70 S. W. 1062, 24 Ky. Law Rep. 1264; Barth v. Barth, 38 S. W. 511, 18 Ky. Law Rep. 840; Cox v. Anderson, 69 S. W. 953, 24 Ky. Law Rep. 721; Ray v. Speers, 65 S. W. 867, 23 Ky. Law Rep. 1338.
Atkins v. Baker, 112 Ky. 877, 882, 66 S. W. 1023, 23 Ky. Law Rep. 2224 Dinger v. Lucken, 143 Ky. 850, 852, 137 S. W. 776; Wilson v. Moore, 146 Ky. 679, 681, 143 S. W. 431; Harkness v. Meade, 148 Ky. 565, 147 S. W. 10; Bain v. Tye, 160 Ky. 408, 411, 169 S. W. 843.
American Nat’l Bk. v. Madison, 144 Ky. 152, 155, 137 S. W. 1076, 1077 (38 L. R. A. [N. S.] 597).
The language referred to in the deed in Atkins v. Baker is: “This conveyance, at the request of said Lucy Atkins, is made to her for and during her life, and at her death to go to her husband,” etc.