Hayes v. Boylan

Citations

• 141 Ill. 400
• 30 N.E. 1041

Syllabus

<p>1. Deed—of the delivery. The owner of land made and acknowledged a deed thereof to his three sons, Charles, John and Thomas, after which he handed the same to Charles, saying, “Take this deed and put it in our box in the bank.” The grantor did no other act showing an intention to deliver the deed, but requested Charles not to let the other grantees know anything about the matter until after the grantor’s death. He also retained possession and control of the land up to his death: Held, that the instrument was void as a deed for want of delivery in the grantor’s lifetime.</p> <p>2. Same—grantee as agent for the grantor. The direction to one of several grantees in a deed to take the deed and put it “in our box in the bank,” was not a delivery, but the mere employing of such grantee as the agent of the grantor to do an act for him, whereby he could retain the custody of the deed during his life. In thus taking and depositing the deed, the act of the grantee was the act of the grantor, and although the box in the bank belonged to such grantee,, yet since it was used by both and under the control of each, the deed in such box was still in the possession and custody of the grantor,—as much so as if he had kept it about his person.</p> <p>3. Same—delivery by parent, as to infant grantee. Where a parent executes a deed to an infant child which is beneflcial to the child, and manifests, by his words and conduct, an intention that the deed shall operate at once, a delivery will be presumed, and proof of actual delivery is unnecessary. This is so for the reason that the infant is incapable of doing any act which he may not avoid at his majority, and also because it is the duty of the parent to accept and preserve the deed for him.</p> <p>4. Same—delivery shown by intention—inducements to grantee—permitting improvements. It has been held that when the grantor intends, when executing a deed, to be understood as delivering it, that will be sufficient; and also that when the gra