Rotmanskey v. Heiss

Bryan, J., delivered the opinion of the Court. In eighteen hundred and eighty-seven John M. Heiss, now deceased, executed a deed to his three children, John, Louisa and William, which conveyed to them four leasehold lots of ground in the city of Baltimore. The conveyance was made upon the following trust: “To have and to hold the said four described parcels of ground and premises, with the rights and appurtenances aforesaid, unto the said John C. C. Heiss, Louisa H. Heiss and William S. Heiss in trust, that the said John M. Heiss may be allowed to collect and receive the rents, income and profits issuing and payable out of said property, and to apply the same to his own use during the term of his natural life, and in case all or any of the said grantees or their issue shall survive the said grantor, then the said property shall vest absolutely in ⁶³⁴ the said grantees and their issue, per stirpes in equal shares, each of said grantees being a stirps." William Heiss has acquired the interest qf the two other grantees. He made a contract to sell three of these lots to Rotmansky and his wife ; and the only question before us is whether he has a good marketable title.

The deed was evidently the work of an unskillful draughtsman. But we think that its meaning is quite evident. It was the intention of the grantor that such of his children as might survive him should each have an equal share of the property ; and that if any of them should die before him and leave descendants surviving, the children so surviving should receive the share which the parent would have received if he had outlived the grantor. The words of the deed