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Grayson v. Holloway

Supreme Court of Tennessee
313 S.W.2d 555 (1958)


A.J. and Manervy Holloway executed a deed for real property to G.P. Holloway. The granting clause of the deed purported to convey the property subject to the condition that G.P. Holloway provide care for A.J. and Manervy Holloway during their lifetimes and pay for their funeral expenses. A.J. and Manervy Holloway died. G.P. Holloway died later, leaving Mae Holloway as the only surviving grantee under the deed. The heirs of G.P. Holloway (plaintiffs) filed suit seeking partition of the property and asserting that they had inherited fee simple title to the property under the terms of the deed, subject only to common law rights of homestead and dower in Mae Holloway. Mae Holloway counterclaimed, asserting that the deed established a tenancy by the entirety that acted to convey fee simple title to her upon the death of her husband, G.P. Holloway. The trial court concluded that the deed conveyed fee simple title to G.P. Holloway and therefore that fee simple title passed to the heirs. Mae Holloway appealed.

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