Johnson v. Darling

Citations

• 35 Ohio C.C. Dec. 699
• 32 Ohio C.C. (n.s.) 113

Syllabus

<p>DEEDS</p> <p>Deeds Containing Reservations Held in Escrow for Delivery after Grantor’s Death, Executed when not under Disability.</p> <p>When a land owner executed deeds conveying land to each of his children and placed said deeds in the hands of an attorney to be delivered and become effective at his (the grantor’s) death, and the evidence establishes that the deeds were executed at a time when the grantor was under no disability or inducement and no prejudice resulted to his creditors, the manifest intention of the grantor that these lands should pass to his children as provided in said deeds does not permit of their being declared inoperative because of a reservation contained in each of said deeds, to-wit: “This conveyance is intended by the grantor, James P. Darling, to lay in escrow until the death of the said grantor, and it is not intended to be of any force or effect in the lifetime of the said grantor, but is intended to be of full force and effect immediately upon the death of said grantor.”</p>