Panhandle Baptist Foundation, Inc. v. Clodfelter, 54 S.W.3d 66 (Tex. App.—Amarillo 2001, no pet.).
Testator executed a deed which stated that it was being filed to
replace an earlier deed which had been lost in which he gave one-half of
his ranch to Wife. However, the deed later recited that it was
transferring all of the ranch to Wife. Testator’s will gave a life
estate in the ranch to Wife with remainder to Beneficiaries. The trial
court determined that Wife owned the entire ranch under the deed. The
court found that the deed was not ambiguous and thus refused to consider
extrinsic evidence regarding the execution of the deed.
The court reversed and remanded for further proceedings. Although the
deed was signed, acknowledged, and recorded raising presumptions of
delivery and that Wife accepted the deed of the entire ranch, there was
considerable evidence that Wife only thought of herself as owner of
one-half. For example, both Testator and Wife entered into an agreement
resolving a boundary dispute.
Moral: Deeds should be carefully examined to be sure they convey the
interest the grantor intends.