Hughes
Hughes v. Scott
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the defendants in an action to quiet title. The facts of the case are undisputed and are briefly these: Michael Hughes was in his lifetime the owner of the premises in question. He had a son, William I. Hughes, who was the father of the plaintiffs herein, and a daughter, Alice Scott, who is one of the defendants, and he left surviving him his widow, Annie Hughes, another of said defendants. [1] On February 6, 1917, Michael Hughes made a gift deed of the premises in question to his grandson by another child, Leo C. Matthews, granting to the latter a life estate in said property. Following the words of said grant the deed contained this clause: “In the event of the death of said grantee herein said real property to revert to Alice Scott, my daughter, and to her heirs and assigns, and in the event of the death of said Alice Scott before the death of said grantee herein then said property to revert to the heirs of said grantee.” The habendum clause read as follows: “To have and to hold all and singular the said premises, together with the appurtenances and privileges thereunto incident unto the said party of the second part during his…