Supreme Court of Kansas March 9, 1907, No. 14,896 (Nolan v. Otney)

.The opinion of the court was delivered by

MASON, J.:

Martin Dolan executed an instrument purporting to be a warranty deed conveying property to Joseph Otney, but containing these words immedi*312ately following the granting clause, which was in the usual form:

“This deed is made with the understanding that the same is not to take effect or be in force until the death of the grantor, and upon the