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FRANKLIN REAL ESTATE COMPANY v. MUSIC

392 S.W.2d 66 (1965)

The FRANKLIN REAL ESTATE COMPANY, a corporation, Appellant, v. Demart MUSIC et al., Appellees.

Court of Appeals of Kentucky.

June 25, 1965.

Attorney(s) appearing for the Case

Porter M. Gray, John M. Williams, Gray, Woods & Cooper, Ashland, for appellant.

J. K. Wells, Wells & Wells, Paintsville, for appellees Demart Music, Laura Music, John B. Music and Nancy Music.

Eugene Rice, Paintsville, warning order atty. for Elizabeth Music Ashley and others.

Annie Bennington, pro se.

Fannie Greenway, pro se.

W. H. Music and Ivel Music, pro se.

Leota Music Derossett and Tolba Derossett, pro se.

CLAY, Commissioner.

This is a declaratory judgment action in which the Chancellor determined that a certain instrument was a deed rather than a will and vested in the grantee a fee simple title to the real estate involved. These findings are challenged on this appeal.

In 1911 by "Deed of Conveyance" D. Mart Hager did "sell and convey" to Laura B. Music "and her children" a certain tract of land. There was a covenant of general warranty in the instrument and...

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