DEEDS - CONSTRUCTION - EXECUTORY INTERESTS - DESTRUCTIBILITY RULE

In 1883, the grantor conveyed by warranty deed to A for life, remainder to the heirs of B. A died in 1931; B died in 1935, leaving two children and one grandchild as his heirs-at-law. Claiming an undivided one-third through the grandchild, plaintiff started partition proceedings against B\u27s children. Held, that the intent of the grantor must control, and he did not intend to create a contingent remainder in the heirs of B. The deed was a bargain and sale, adapted to a conveyance to uses. On the death of the life tenant, the fee was in the grantor or his heirs, subject to a springing use in favor of B\u27s heirs, which the statute of uses executed on B\u27s death. Bass River Savings Bank v. Vickerson, (Mass. 1939) 21 N. E. (2d) 717