Reports of Cases Argued and Determined in the Supreme Court of Rhode Island (Volume 24) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Peter Johnson et al. vs. Mary A. Johnson. PROVIDENCE--JANUARY 5, 1903. Pbksent: Stiness, C. J., Tillinghast and Rogers, JJ. (1) Deeds. Delivery. Retaining Control of Deed in Hands of Third Party. Wills. A deed may be effectual to convey title, although delivered to a third person to hold until the grantor's death and then to deliver it to the grantee. But to make such delivery valid, the deed must be left with the depositary without any reservation on the part of the grantor, express or implied, of the right to recall it or otherwise to control its use. A. executed a quitclaim deed to 15. and left it with C. with direction, in case anything happened to her (A.), that C. should deliver it to B. C. understood that the deed was left with him subject to the control of A. during her life. A. advertised the property for sale, paid the taxes, collected the rents, and paid the interest on the mortgage. After the death of A., C. delivered the deed to li. On bill to set aside the deed: --Held, that there was no valid delivery of the deed. Held, further, that the intended disposition of the property was evidently of a testamentary character, but, lacking the statutory execution, could not be allowed to have effect as a will. Bill In Equity to set aside a deed. Heard on bill, answer, and proof. Relief granted. Tillinghast, J. The only question presented for our decision by the bill, answer, and proof in this case is whether the deed under which the respondent claims title to the real estate described in the bill was so deposited or left with the witness Charles P. Moies by the grantor, during her lifetime, as to constitute an absolute delivery thereof for the use and benefit of the grantee. The material facts in the case are these: On May 9, 1899, Mary Johnson made an...