Douglas v. West

Citations

• 140 Ill. 455
• 31 N.E. 403

Syllabus

<p>1. Deed—delivery to third person—presumption in favor of grantee. The owner of real estate made and executed a deed for the same to his four infant grandchildren, reserving the use of the property during his life and that of his wife, who united with him in its execution and . acknowledgment. Afterward he caused the deed to be placed in the hands of a neighbor and friend to be taken care of, but gave no specific •directions to hold it until the death of the grantors and then deliver it to the grantees. His previous statements to the custodian, however, showed an intention that the grantees should have the property after his death: Held, that such statements, in connection with the fact that the grantor never took the deed from the custodian, but let it remain •until his death, showed that the delivery was intended for the grantees • therein named.</p> <p>2. Same—delivery to third person—effect of destruction of deed by one ■ of the grantors. Where the grantor of land delivers the deed to a third person to keep for the grantees, who are infants, until his- death and that of his wife, the fact that after his death his wife may obtain and • destroy the deed will not affect the question of its delivery.</p> <p>3. Same—presumptions of delivery in voluntary settlements made to ■infants. The law presumes much more in favor of the delivery of deeds in case of voluntary settlements, especially when made to infants, than it does in ordinary cases of bargain and sale.</p> <p>4. Same—no formality required to constitute delivery. To constitute a delivery of a deed no particular formality is required, provided it • appears that the grantor intends to part with his title and the control. of the instrument passes to the grantee, or to some third person for the-grantee. When the deed reserves the control of the property during the life of the grantor, the delivery may be made to a third person forth e benefit of the grantee, and such delivery -will not be inconsistent-with the ri