Priest v. Ernest W. Ball & Associates, Inc.

A deed prepared by law firm Ernest W. Ball & Associates (defendant) for the Buxtons' (plaintiffs) property purchase used clear life-estate language in its granting clause -- conveying the property to them for life, then to their heirs -- but its separate warranty clause referred inconsistently to the Buxtons' "heirs, executors and assigns," language more typical of a fee simple. The Buxtons sued for a declaration that the deed was ambiguous and thus conveyed the greater estate, a fee simple with right of survivorship, and the trial court agreed.