Two possible interpretations of the conveyance in Stoller v. Doyle:
Possibility One
"To Frank Doyle for life, then to Frank's surviving children, but if Frank dies without children surviving, the property shall revert to the Grantor.
What is the state of the title?
What happens when the Grantor later attempts to convey an absolute title to Frank?
Possibility Two
"To Frank and his heirs, but if Frank dies with children surviving, then to the surviving children and their heirs; but if Frank dies without surviving children, the grantor may re-enter and take possession."
What is the state of the title?
What happens when the Grantor later attempts to convey an absolute title to Frank?
Here is the dog's breakfast drafted in the actual deed:
"On April 13, 1882, Lawrence Doyle and wife executed a warranty deed to Frank Doyle of the W. 1/2 of the S.E. 1/4 of section 18, township 27, range 3, in Livingston county, in the form prescribed by section 9 of the conveyance act, but with the following restrictions and limitations: “Said Frank Doyle shall not have power to reconvey this land, unless it be to the grantor. He shall not have power to mortgage the land, and in case the said Frank Doyle should die before his wife dies, and any children survive him, the surviving children and his wife shall have the use of the land above described during the lifetime of his wife, when it shall go to his children, if any are living, but, if at the death of the grantee no children survive him, the title shall be in the grantors. Should any children survive the grantee and his wife also survive him, she shall have no [an?] interest in the land only so long as she remains unmarried and is his widow.”
Apply the fee simple default statute (p. 349) to this deed?
