Bowie v. Bowie

⁶²⁵ Henderson, J., delivered the opinion of the Court. This appeal is from an order sustaining a demurrer to a bill of complaint filed on December 29, 1954 praying a declaratory decree for the construction of a deed. Such an order is appealable in equity, despite the failure to pass a final order dismissing the bill. Karger v. Stead, 192 Md. 230, 232 ; Young v. Cockman, 182 Md. 246, 249 .

John Bowie, father of the parties to this suit and a widower, executed a deed to the appellees of two tracts of land located in Anne Arundel County on October 3, 1944. The instrument was duly recorded on November 2, 1944. He died intestate on April 3,1953 leaving as his only heirs at law four children, all sui juris, who are parties to this suit, although Henry Bowie has taken no active part therein. There has been no administration upon the estate of John Bowie.

The instrument begins with the words “This Deed”. The granting clause recites: “Witnesseth, that for and in consideration of the sum of one dollar ($1.00) and other good and valuable considerations thereunto moving from the parties of the second part unto the parties [sic] of the first part, the receipt of which is hereby acknowledged, the said John Bowie, does bargain and sell and by these presents does grant and convey, unto John Bowie, Jr. and Frances Bowie Baldwin, the parties of the second part, all of the rest and remainder, after the death of the said John Bowie, in and to all of those two tracts of land ***.” Two specific tracts are then described. The habendum clause provides: “To have and to hold all the rest and remainder after the death of the grantor herein, in the above described land and premises unto and to the proper use and benefit of the said John Bowie, Jr. and Frances Bowie Baldwin, as tenants in common, their heirs and assigns forever in fee simple.” The instrument also contains these covenants: “And the said party of the first part does hereby covenant to warrant specially the remainder in said property herein conveyed, and that he will execute such other and further assurances as may be requisite.” ⁶²⁶ The appellant contends that the instrument cannot be given effect as a deed, because it shows merely a testamentary intent to pass title in the event of the grantor’s death. It is alleged that the instrument “has no legal force or effect other than to constitute a cloud upon the petitioner’s title to a one-fourth undivided interest in said property.” We think the contention is without merit.

Code (1951), Article 21, Section 13, cited by the appellant, merely provides that deeds, if duly executed, acknowledged and recorded, shall be effective when they describe, in addition to the names of the parties and a description of the property sufficient to identify it with reasonable certainty, “the interest or estate intended thereby to be conveyed.” Code (1951), Article 21, Section 17, states that the word “grant” shall be construed to pass the whole interest or estate, “unless there be limitations or reservations showing by implication or otherwise, a