Howard v. Howard
Howard v. Howard
Opinion of the Court
Appeal from a decree holding a purported' warranty deed a nullity for failure to convey anything. Affirmed, with costs to plaintiffs.
The subjoined Figures 1 and 2, roughly to scale, reflect what Mr. Howard, deceased, owned when he purported to convey some real property to his second wife.
Defendant says Howard’s intention was to convey the area represented in .Figure 1, less Tracts A and B, to the exclusion of Tract “X”, the protrusion at the bottom of Figure 1. She relies on Losee v. Jones.
True: The grantor’s intention should be given effect if reasonably determinable. However, we consider that under the facts here a grant is not sustainable. Either it is impossible to determine what Howard had in mind or, conjecture indulged, one would have to divine that any number of areas could be said to have been intended. In such case, abstracters and lawyers should be able to turn down a title based on the contentions of such an asserted illusionary intention of a deceased.
. 120 Utah 385, 235 P.2d 132 (1951).
Reference
- Full Case Name
- William K. HOWARD, Ruth N. Howard, Robert D. Howard and Shirley L. Howard, and v. Mildred M. HOWARD, and Appellant Mildred M. HOWARD, Third-Party and v. WALKER BANK & TRUST COMPANY, as Administrator of the Estate of L. W. Howard, , Third-Party and
- Status
- Published