Should the examiner treat a warranty deed of all grantor’s "right, title and interest in and to" the granted premises as a warranty deed for purposes of estoppel by deed?

No, unless it is clear that the quoted language was intended merely as a physical limitation of the premises described to grantor’s portion thereof or a limitation to a fractional interest in the premises conveyed. Where use of the quoted language is ambiguous or was a limitation of liability on the covenants, the deed should be considered to have the same effect as a quitclaim deed without covenants or release deed.

The draftsman is cautioned that the use of the quoted language may not limit the covenants. The better practice is not to use the quoted language.