Rust v. Commercial Coal & Coke, Co
In Rust v. Commercial Coal & Coke, Co., 92 W. Va. 457, 115 S.E. 406 (1922), the grantors conveyed property to their daughter, with the following clause: "It is here fully understood that this deed is not to take effect until after the death of the said Truman Gore. . . ." Id. at 460, 115 S.E. at 407.
The Court ruled:
"That the grantor reserved a life estate to himself does not affect the matter. What we are to consider is the estate granted, not what was reserved. Nor do we think that the provision in the deed that it is not to take effect until after the death of Truman Gore has any bearing on the case. . . .
. . . .
Under the terms of the deed in the case at bar, Susan L. Gore was not entitled to possession until the death of Truman Gore but her estate vested upon execution and delivery of the deed. . . ." (Id. at 470, 115 S.E. at 411.)