Beck v. . Blanchard

186 S.E. 338, 210 N.C. 276, 1936 N.C. LEXIS 80

• Court: Supreme Court of North Carolina
• Decided: June 15, 1936
• Status: Published

Opinion

Connor, J.

It is manifest, we think, from the language of the paper writing which was executed by A. G. Blanchard, Sr., and bis wife, Maggie E. Blanchard, on 15 September, 1931, that it was their intention thereby to convey the lands described in the paper writing to the defendants, reserving the right to the possession of said lands to themselves during their joint lives, and to the survivor during bis or her life. It is clear that it was not their intention to devise said lands to the defendants. The paper writing is therefore a deed and not a will. See Phifer v. Mullis, 167 N. C., 405, 83 S. E., 582. In that case it is said: “If the grantor intended that the title to the property described in it should pass eo instanti upon execution to the grantee, it (i.e., the paper writing) is a deed, although the interest conveyed or the enjoyment of it is postponed until the death of the grantor.”

The effect of the clause contained in the paper writing, and set out in the statement of the case, when properly construed (see Dick v. Miller, 150 N. C., 63, 63 S. E., 176), is to postpone the right of the defendants to the possession of the lands conveyed to them to the death of the grantors. The title to the lands described in the paper writing vested in the defendants immediately upon the execution and delivery of the paper writing.

The judgment is reversed and the action remanded to the Superior Court of Wake County for the trial of the issues raised by the pleadings.

Reversed.