This section contains the nature of the case and procedural background.

Russell died three months after executing a warranty deed that gave a life estate to himself, and upon his death, the estate should pass to his son, but that was subject to a life estate in Irene Parker. Irene had lived with Russell the prior thirteen years and remained on the property after Russell died. Daniel, the son, initiated an action in ejectment asserting that the deed did not give Irene a valid life estate. Irene (D) got the summary judgment, and Daniel (P) appealed.

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