Hutton v. Cramer

Citations

• 10 Ariz. 110
• 85 P. 483
• 1906 Ariz. LEXIS 107

Syllabus

<p>1. Deeds- — Delivery—Evidence—Sufficiency..— Intestate offered to convey defendant certain real estate upon defendant agreeing to take care of intestate during the remainder of his life. Thereafter intestate executed a deed and deposited it inclosed in an envelope with defendant’s name thereon in defendant’s safety deposit box. At the time of the deposit intestate said, “This contains what I am going to give you after I am dead; keep that here until I am dead.” The box was not opened until after intestate’s death. The bank was instructed by defendant to add intestate’s name to that of defendant’s on the box and that he be given access to it if he so desired. After this defendant assumed control of intestate’s property, did the assessment work and eared for intestate until his death. After intestate’s death, the envelope was opened and was found to contain a' deed to the mining claim, and a notice that intestate. had conveyed same to defendant and a request that the papers be recorded immediately after intestate’s death. Held, that the evidence was sufficient to show a valid delivery of the deed to transfer title.</p> <p>2. Same — Escrows—Conditional Delivery. — If the deposit of a deed in a safety deposit box under instructions to deliver to defendant upon intestate’s death be construed as an escrow, and hence conditional delivery, then upon the death of intestate, title to the property vests in defendant.</p>