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McLaurin v. McLaurin

Supreme Court of South Carolina

217 S.E.2d 41 (1975)

Relevant factsFree

Mrs. J.M. McLaurin conveyed real estate to her husband using a partially filled-in, pre-printed deed form; the granting clause contained no words of inheritance, the printed habendum clause did contain words of inheritance but was never filled in with the husband's name, and only the mostly completed warranty clause contained words of inheritance. The trial court held the deed did not convey a fee-simple title, and the case reached the South Carolina Supreme Court.

IssueFree

Whether a fee-simple estate is created by a deed only if the deed's granting or habendum clause contains words of inheritance.

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