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Cases cited for the legal proposition you have searched for.

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1

...and share alike, to have and to hold to the use of them, their heirs and assigns forever:" — Held, that the grant was to X., and as there were no words of conveyance to any one else, the last sentence was a mere expression of desire, there being no operative words...heirs and assigns forever." The grant is to Alice Ketrick, and there are no words of conveyance in the deed to anyone else. The last sentence is a mere expression of desire, there being no operative words...of conveyance to support it. Held, further, that X. took a life estate with power...


Court: Supreme Court of Rhode Island.
Date: Jul 8, 1902 Cited By: 1 Coram: 1
2

...receipt forever" are technically operative words of conveyance, just as "the receipt of which is hereby acknowledged" are words used to indicate conveyance of monies. 4. The words "the..."GENERAL WARRANTY DEED." 7. The Three Deeds contain all of the essential elements of a deed, including a competent grantor, capable grantees, operative words of conveyance, a sufficient description.... Plaintiff argues that the three deeds at issue should be declared null and void because they contain no operative words of conveyance. We disagree...


Court: COURT OF APPEALS OF NORTH CAROLINA
Date: May 4, 2021 Cited By: 0 Coram: 1
3

.... ¶ 7 The contested conclusions of law are as follows: 3. The words "the receipt forever" are technically operative words of conveyance, just as "the receipt...a deed, including a competent grantor, capable grantees, operative words of conveyance, a sufficient description of the respective properties, proper execution, and proper delivery and acceptance...and void because they contain no operative words of conveyance. We disagree. The grantor's surname is "Andrew", but written as...


Court: COURT OF APPEALS OF NORTH CAROLINA
Date: May 4, 2021 Cited By: 0 Coram: 1
4

...the generality of the words of covenant in other parts. 2. DEEDS: Operative Words of Conveyance. Where an instrument did not contain operative words of conveyance ordinarily...present interest in the estate mentioned. While a deed must contain operative words of conveyance it is not indispensable that any particular words be employed...contain the operative words of conveyance ordinarily used in a deed of conveyance, the granting clause recites, "That the parties of the first part for and in consideration of one dollar, love and...


Court: Supreme Court of Missouri, Division One.
Date: Nov 12, 1936 Cited By: 20 Coram: 1
5

...-17. 2. Deeds 1c — While the grantor in a deed need not use technical operative words of conveyance, he must use words that, upon liberal construction, are sufficient to operate...deed does not create an estate by entirety, since the commissioners' conveyance is a nullity, and the deed contains no operative words of conveyance in behalf of the wife, the wife not being named a...operative words of conveyance, the mere expression of an intention is insufficient to constitute a conveyance. Pope v. Burgess...


Court: Supreme Court of North Carolina
Date: Sep 1, 1956 Cited By: 6
6

.... 1. Deeds 26 — An instrument conveying standing timber must meet the requirements for a valid conveyance of realty. 2. Deeds 1 — A deed is an instrument in writing containing operative words of...signed same under seal. Held: The endorsement being under seal and containing operative words of conveyance and identifying the thing conveyed by reference, is sufficient in law to convey the timber..., 2 N.C. 193. An effective deed must, of course, contain operative words of conveyance which indicate the grantor's intention to convey his property...


Court: Supreme Court of North Carolina
Date: Jun 1, 1963 Cited By: 21
7

...in the premises, while the operative words of conveyance, as contained in the granting clause, are "to said Nonnie A. Mayberry, her heirs and assigns." 8 R. C. L., 936 and 1046. This was the view of the trial court, and we agree with his decision. Affirmed. ... D. L. MAYBERRY v. GEORGE A. GRIMSLEY ET AL. Supreme Court of North Carolina (Filed 20 March, 1935....) APPEAL by plaintiff from Oglesby, J., at August Term, 1934, of YADKIN. W. M. Allen for plaintiff...


Court: Supreme Court of North Carolina
Date: Mar 1, 1935 Cited By: 4
8

...granting clause and the preceding or succeeding recitals, the granting clause will prevail. 2. Same — An effective deed must contain operative words of conveyance. 3..., 18 S.E.2d 157; 16 Am. Jur., Deeds page 567. An effective deed must contain operative words of conveyance. Griffin v. Springer, supra; Pope v. Burgess.... The "children" appear only in the introductory recitals of the deed, giving the names of the parties, while the operative words of conveyance, as contained in the granting clause convey the...


Court: Supreme Court of North Carolina
Date: Sep 1, 1957 Cited By: 0
9

..." in a written instrument entitled "Private Annuity Contract" as operative words of conveyance, substantially complies with the requirements of K.S.A. 58-2203 and 58-2204, and are sufficient to convey...the district court pursuant to K.S.A. 59-2402a and 59-2402b to determine the validity of a written instrument entitled "Private Annuity Contract," as a conveyance of title to real estate, executed by the decedent mother in her lifetime in favor of two of her children, is examined, and it is held: The Contract contained operative words of...that technical operative words of conveyance be used. The use of the words `assign and set over' indicates an intention by the grantor to transfer property to the grantee." (Syl. ¶ 2...


Court: Supreme Court of Kansas
Date: Mar 4, 1967 Cited By: 2
10

...four corners of the instrument, here a joint tax return, we find it to be wholly devoid of any operative words of conveyance. Immediately prior to the signatures of the taxpayers on a Department of...interest must contain proper words of conveyance showing an intent upon the part of the grantor to transfer his interest, estate or claim. See, Willis v. Robinson...husband and non-bankrupt wife had the effect of a conveyance by the husband of his individual interest in the refund due to himself and his wife as tenants by the entirety. At the hearing before the referee...


Court: United States Court of Appeals, Eighth Circuit.
Date: Feb 2, 1972 Cited By: 39 Coram: 1
11

...deed because it is ambiguous and contains no operative words of conveyance such as "grant," "bargain," "sell," or "convey." Therefore, he argues, Levi and Bulah Nabors continued to hold title to their...habendum clause as words of transfer and give them any meaningful operation. We hold, therefore, that the instrument executed by Levi and Bulah Nabors on June 3, 1975, contained no operative words of conveyance and...stated: "* * * The manifest purpose of the statute is to dispense with the necessity of a seal to a valid conveyance, and of formal, technical words of grant...


Court: Supreme Court of Alabama.
Date: Jan 25, 1985 Cited By: 3 Coram: 1
12

...conveyance of any interest of the plaintiff in the land in dispute, as the agreement contained sufficient and apt operative words of conveyance, and there is nothing to contradict them. The agreement should be most strongly construed against the plaintiff. (Dodge v. Walley , 22 Cal. 225.) The operative words of...of collateral facts unnecessary to a conveyance, and therefore do not have that effect. (Ingersoll v. Truebody , 40 Cal. 603...defendant was the owner in fee of the entire tract, and that the plaintiff had no interest therein, is contrary to the evidence. The conveyance of the land to the husband and wife made it presumptively...


Court: Supreme Court of California
Date: Mar 29, 1893 Cited By: 4
13

.... Benj. Phelps on 2 October, 1872, executed a deed conveying the land in controversy to Berrick Norman. Following the recital of the consideration, etc., the deed contains the usual operative words of conveyance, "unto...him, his heirs and assigns free, and discharged of any and all incumbrances in fee simple forever." Following the usual covenant of warranty are the words "and after the death of Berrick Norman and...in remainder after the expiration of the mother's life estate. In our case the plaintiffs can take only by rejecting the words of inheritance in the premises and habendum, thus cutting down the...


Court: Supreme Court of North Carolina
Date: Sep 1, 1905 Cited By: 22
14

...parties cannot be ascertained, the granting clause prevails. 4. Because operative words of conveyance are indispensable to the effectiveness of a deed, the granting clause is the heart.... Artis, 228 N.C. 754, 760, 47 S.E.2d 228, 232 (1948)). This follows from the fact that operative words of conveyance are indispensable to...]], of the county and State aforesaid parties of the second part, (The words between the double brackets were struck in...


Court: Supreme Court of Virginia.
Date: Oct 10, 1986 Cited By: 12 Coram: 1
15

...owner of the land here in question, conveyed an estate therein to his daughter, Roena Magee Smith; the deed in its operative words of conveyance reading as follows: "I hereby sell and convey to her... No. 27990. September 30, 1929. APPEAL from chancery court of Panola county, Second district, HON.... N.R. SLEDGE, Chancellor. James McClure, Jr., of Sardis, for appellant. The law is clear that in vested remainders...


Court: Supreme Court of Mississippi, Division B.
Date: Sep 30, 1929 Cited By: 14 Coram: 1
16

.... The deed must only contain the names of the parties, the signature of the grantor, operative words of conveyance, and describe the land to be conveyed with sufficient accuracy to identify it. Gibson v...: 1) Does Arkansas Code 26-26-709(a) conflict with Arkansas Code 14-15-403, which states that an instrument of conveyance must contain the name and address of.... . . . The second provision, 26-26-709(a), states: When an instrument for the conveyance of real estate, save mortgages and deed of trust...


Court: Attorney General of Arkansas — Opinion
Date: Nov 7, 1988 Cited By: 0 Coram: 1
17

.... Larish's entitlement to a tax refund into a tenancy by the entirety. The creation of tenancy by the entirety requires an instrument of conveyance containing proper words of conveyance and demonstrating intent to transfer the grantor's interest into entireties property. Hutchison v. Board, 194 Tenn. 223, 250 S.W.2d 82, 84 (1952). There is no conveyancing instrument here. A joint tax return lacks any operative words...; or, in other words, joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession...instrument of conveyance. In re Baker, 82 B.R. 461, 463 (Bankr.S.D.Oh. 1987...


Court: United States Bankruptcy Court, M.D. Tennessee
Date: Jan 14, 1993 Cited By: 5
18

...consideration to the party of the first part (Bradish) is "the stipulations, convenants and agreements hereinafter reserved and contained." The only operative words of conveyance are: " demise and lease.' The.... Keyes, 24 R.I. 289, a much more definite habendum clause in a deed was held to be insufficient to convey title because of the lack of any operative words of conveyance to support it...words "in fee simple" without the word "heirs," and Section 11, Chap. 202 of the statute (now Sec. 11, Chap. 297, G.L. 1923) provides that any form of conveyance in writing duly signed and delivered by...


Court: Supreme Court of Rhode Island.
Date: Jun 27, 1934 Cited By: 4 Coram: 1
19

...Effie is concerned, it would have been better not only to have listed her with other grantees in the usual place but to have used more customary operative words of conveyance; but, as was said in Monroe...contain operative words of conveyance, but it is not indispensible that any particular words or phrases be employed. Any words which indicate a...conveyance of any interest to the wife, and creates a life estate pur autre vie in the husband." In answer thereto, Robert submits that: "In apparent limitation of the general rule, various cases lend...


Court: Supreme Court of Missouri, Division No. 2.
Date: May 13, 1974 Cited By: 7 Coram: 1
20

...him. It was not a mere agreement to convey. The word "grant" and others were operative words of conveyance. Harlowe v. Hudgins, 84 Tex. 111 [ 84...conveyance was held to pass the title to the half interest of Henry Lipp in the lot, which was community property, but not the interest of the deceased mother, which had descended to the heirs. Defendants..., however, relied upon the following conveyance by two of the three heirs as creating an outstanding title in Buetell which should defeat a recovery of any interest except the one-third of the mother's...


Court: Supreme Court of Texas.
Date: Oct 7, 1897 Cited By: 7 Coram: 1

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