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Open Source Property
Section 9 . 4
11 minutes

D. Construing Ambiguous Grants

Harvard Law School Library

We’ve recited a few formulas for creating the small number of common-law interests you’ve encountered. For example, “to A and his heirs” creates a fee simple absolute in A; “to B for life, then to C” creates a life estate in B and a remainder in C. But the actual language of documents conveying legal interests in real property don’t always stick to the formula—especially (but unfortunately not exclusively) when they are drafted without the assistance of counsel. Consider the following case.

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