Donnelly v. Rafferty

Citations

• 172 Pa. 587
• 33 A. 754
• 1896 Pa. LEXIS 815

Syllabus

<p>Deeds — Execution by several parlies — Condition of signing.</p> <p>The rule that a grantor cannot set up any intent or condition different from that appearing on the face of the deed unless declared at the time of execution, does not apply to a ease where several parties are to join in a deed and it is an essential part of the agreement that all should join, and the consideration for the conveyance is single so that without the joint action of all the consideration will fail as to each.</p> <p>Deed — Delivery—Several grantors.</p> <p>Where several parties agree to join in a deed, and the deed as prepared calls for execution by the several parties for a single consideration which will not be effectual to any unless all join, there is no presumption that the deed is to be delivered in its incomplete state after only one party has signed.</p> <p>The devisees in remainder under the will agreed to execute a quit claim deed of their interests to the life tenants. A deed was prepared calling for execution by all the parties, and it was understood and agreed by all that it should not be operative unless executed by all. One of the remaindermen refused to sign. A second after signing drew his pen through his signature. A third at signing said he would not be bound unless all signed. One of the life tenants stated that she would contest the will unless all the remaindermen signed. Nothing further was done with this deed. About ten days afterwards a second deed was prepared which also failed of its object and was never delivered. Held, (1) that the failure to obtain all of the signatures rendered the first deed inoperative as to those who had signed it; (2) that the fact that the deed was handed to counsel for the grantees did not constitute a delivery; (8) that the first deed was abandoned before delivery; (4) that the fact of the failure of the second deed could not revive the first deed which was functus officio.</p> <p>In the above case one of the parties who signed th