KAJO CHURCH SQUARE, INC. V. WALKER
2003 WL 1848555 (2003)
NATURE OF THE CASE: Kajo (D) appealed a summary judgment for Walker (P) wherein P argued
that they had a life estate or a leasehold for life in property owned by D.
FACTS: Ps transferred ownership of two parcels of land to the Grace Church. Part of the
transfer was a gift, and part was a sale. The deed does not include any language which would
indicate that the couples had reserved a life estate for themselves. Grace then leased one
of the parcels of land back to Ps. The document stated that the lease would continue in
effect until 'the date of death of the last of the Lessees to die.' Grace eventually sold
the acreage to D and the church building to the D Trust. D then notified Ps that it was
terminating the lease. Ps filed a declaratory judgment action against D, asking the court to
declare the rights and responsibilities of all parties as to the property. Ps sought a
declaratory judgment that they had retained a life estate interest in the property or, in
the alternative, that their lease of the property was a lease for life, terminable only upon
the death of all four Ds. The trial court granted Ps' motion and denied D's. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment