Banister v. Bannister
Banister v. Bannister
Opinion of the Court
A deed from C. S. Banister contained the following language: "Mrs. C. S. Banister, also known as Mrs. Collie Banister and the wife of C. S. Banister [the grantor], is to have a life estate in and to the above described land, and at her death the title shall vest in Buster Banister.” The sole question for decision in this case is whether such deed creates a life estate with a contingent remainder, or a life estate with a vested remainder interest so that upon the death of the life tenant the heirs of Buster Banister, he having pre-deceased the life tenant, inherit the land covered by such deed.
Under decisions exemplified by Henderson v. Kemp,
Accordingly, the trial court did not err in granting the plaintiffs motion for summary judgment.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.