Q: Need clarification on a deed between Parent and Child.
DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE
SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.
A:
The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The
Estates created in the granting clause is a little defective, but it should not be fatal. A declaratory judgment action might be advised to quiet title, but deeds from both life tenants would be quicker and cheaper.
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