What is the test for establishing that a deed is in fee simple?
California, United States of America
The following excerpt is from Conservatorship the Pers. of O.B. T.B. v. O.B., 266 Cal.Rptr.3d 329, 470 P.3d 41, 9 Cal.5th 989 (Cal. 2020):
Sheehan v. Sullivan (1899) 126 Cal. 189, 58 P. 543 ( Sheehan ) that "[t]he authorities are uniform to the point that to justify a court in determining from oral testimony that a deed which purports to convey land absolutely in fee simple was intended to be something different, as a mortgage or trust, such testimony must be clear, convincing, and conclusive something more than that modicum of evidence which appellate courts sometimes hold
[9 Cal.5th 1000]
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