Bury v. Young

Citations

• 98 Cal. 446
• 33 P. 338
• 1893 Cal. LEXIS 942

Syllabus

<p>Deed—Delivery to Third Party for Grantees—Instruction to Deliver after Death of Grantor—Vesting of Title—Life Tenancy—Trust. — The delivery of a deed by the grantor named therein to a third party for the children of the grantor, with instructions to such third party to hold the deed for them without recording it until after the grantor’s death, and thereupon to deliver it to them, the grantor parting with all dominion over the deed and reserving no right to recall it, or to alter its provisions, or to have or enjoy any other or further interest in the premises than to hold the use thereof until his death, constitutes a valid 'delivery of the deed, which vests the title immediately in the grantees, qualified only by a life tenancy in the grantor, and the depositary becomes the trustee of the grantees.</p> <p>Id.—Grantor must Part with Control of Deed.—The essential requisites to the validity of a deed transferred under such circumstances is that when placed in the hands of the third party it has passed beyond the control of the grantor for all time.</p> <p>Id.—Delivery—Intention of Grantor—Question of Pact.—The question as to whether, when a deed has been placed in the hands of a third party, it has passed beyond the control of the grantor for all time, is determined by the grantor’s intention in the matter; and his intention in making the delivery is a question of fact to be solved by the light of all the surrounding circumstances.</p> <p>Id.—Evidence — Declarations and Acts of Grantor after Delivery.—The declarations and acts of a grantor, made and done in his own interest months after the delivery of a deed by him, are not admissible as indicating his intentions in delivering the deed, and instruments executed by him thereafter can not constitute evidence in his favor upon the question of such intention.</p>