Bloor v. Bloor

Citations

• 105 Wash. 110
• 177 P. 722
• 1919 Wash. LEXIS 548

Syllabus

<p>Deeds (17)—Delivery — Escrow — Control. Sufficient delivery of a deed is not shown by placing it in escrow with a third party, if it was still in the control of the grantor and there was no present intention to part with title.</p> <p>Same (17-1)—Deposit tor Delivery on Death—Mutual Deeds. Since simultaneous deeds of community property by husband and wife to each other, placed in escrow to be delivered to the survivor on the death of either, take effect presently, if at all, and since they negative one another, there can be no effective delivery.</p> <p>Husband and Wipe (63)-—Community Property—Conveyances Between—Mutual Deeds—-Statutes. Simultaneous deeds of community property by husband and wife, placed in escrow, the one to be delivered to the survivor and the other to be null and void or recalled upon the death of the other spouse, do not, under a liberal construction of the code, constitute an agreement concerning the disposition of the community property, within Rem. Code, § 5919, which authorizes the making of such a contract jointly, and provides for the manner of its execution and defines its effect; the statute being exclusive in the absence of any common law right to make such a contract.</p>