Estate of Everett Joseph Hopkins, Co-Administrators Laurie Hopkins Hines and Thomas E. Hopkins v. Jonathan Rayner Hopkins

Syllabus

The defendant, Jonathan Rayner Hopkins, appealed from a judgment of the Superior Court in favor of the plaintiff, the Estate of Everett Joseph Hopkins, in the estate's action to declare a warranty deed null and void for failure of delivery and acceptance. On appeal, the defendant contended that the trial justice misconstrued the law and overlooked material facts in finding that the grantor failed to deliver the warranty deed to the defendant. After thoroughly reviewing the record, the Supreme Court held that the trial justice did not misconstrue the law or overlook material facts because there was ample evidence to support a finding that the grantor did not deliver the deed to the defendant, as the grantor did not divest himself of all right and authority to control the deed. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.