Wardwell v. Bassett and Wife

8 R.I. 302

• Court: Supreme Court of Rhode Island
• Decided: March 6, 1866
• Status: Published

Opinion

Bradley, C. J.

The question in this case arises upon the construction of a quitclaim deed made in the common form under our practice, with the habendum providing that it shall not take effect until after the decease of the grantor. This is not an unusual mode of conveyance in this and other New England States, and is, upon the face of it, open to the objection of attempting to create an estate in fee in futuro. It is the duty of the Court, of course, to sustain the intention of the parties if upon any legal grounds it can be sustained.

The language of tbis instrument may be construed as a covenant to stand seized, as the intention is clear, and as, upon inquiry, we find tbat tbe relations of tbe parties to tbis deed are such as to furnish a sufficient consideration ; for it is admitted in the case, though not upon tbe face of tbe deed, tbat tbe grantor was tbe mother of tbe husband of tbe grantee, by whom be bad children.

The cases of Wallis v. Wallis, 4 Mass. 135, Gale v. Coburn, 18 Pick. 397, and Bell v. Scammon, 15 N. H. 381, are strictly analogous to tbis case, upon tbe point here decided. See, also, Byron v. Bradley, 16 Conn. 473. It is unnecessary to consider whether tbe deed could be sustained upon other grounds.

Judgment for the defendant.