In re Estate of Kruckenberg

The opinion of the court was delivered by The questions presented in this appeal concern the validity of
the delivery of two deeds during the lifetime of the grantor and
the trial court's interpretation of certain reservations
contained in each of said deeds. The facts may be stated as follows: Minnie Kruckenberg was a
resident of Kingman County, Kansas, and owned certain real estate
located in Kingman County. On June 19, 1946, she had prepared two
warranty deeds, the grantee in one deed being her son Walter, and
the grantee in the other her son Theodore. The two clauses
pertinent here were identical in the two deeds. The granting
clause in each deed, with the exception of the legal description
of the real estate conveyed reads:

"WITNESSETH, That said party of the first part . .
. does . . . grant, bargain, sell and convey unto
said party of the second part, his heirs and assigns,
all the following-described real estate . . . . . . .
. . . . . . . . . . [description] . . . . . . . . .

"Except, however, grantor reserves all right,
title and control of said real estate as long as she
shall live.

"TO HAVE AND TO HOLD THE SAME, Together with all
and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise
appertaining, forever.

"And said Party of the first part for herself, her
heirs, executors or administrators, does hereby
covenant, promise and agree, to and with said party
of the second part, that at the delivery of these
presents she is lawfully seized in her own right, of
an absolute and indefeasible estate of inheritance,
in fee simple, of and in all and singular the above
granted and described premises, with the
appurtenances; that the same are free, clear,
discharged and unincumbered of and from all former
and other grants, titles, charges, estates,
judgments, taxes, assessments and incumbrances, of
what nature or kind soever; except life estate as
above set out, and that she will warrant and forever
defend the same unto said party of the second part,
his heirs and assigns, against said party of the
first part, her heirs, and all and every person or
persons whomsoever, lawfully claiming or to claim the
same."

The italicized words in the reservation and warranty clauses were
no part of the printed deed form, but were inserted therein by
typewriter at grantor's request.