Maxwell v. Harper

Citations

• 51 Wash. 351
• 98 P. 756
• 1909 Wash. LEXIS 1192

Syllabus

<p>Deeds — Delivery—Upon Death of Grantor — Construction-Gifts — Intent—Evidence—Sufficiency. There is a valid delivery of a deed where it is deposited with a hank to he held during the grantor’s lifetime and delivered after death to the grantee, where it further appears that a clause in the deed so provided and appointed the hank the grantor’s “agent” to make such delivery with the same force and effect as if delivered hy the grantor during his lifetime, and it appears hy extrinsic evidence that the grantor was seriously ill and under obligations to the grantee and desired to make the grantee a gift of the land, reserving only the rents and profits during his life, and after the delivery to the hank he had no control or dominion over the deed.</p> <p>Same — Evidence—Ambiguity in Deed. A deed delivered to a third party to he held during the lifetime of the grantor and delivered after death to the grantee, which so provides and appoints such third party the “agent” of the grantor to make such delivery, is so ambiguous as to admit of extrinsic evidence to show the intent of .the grantor.'</p> <p>Witnesses — Competency—Privileged Communications — Attorney and Client. It is not incompetent, as a privileged communication between attorney and client, to show hy the testimony of the attorney that the grantor in a deed employed him to effect a gift of the land to the grantee, reserving the rents and profits during the lifetime of the grantor, and for that purpose a deed was made and delivered to a third party specifying that it was to he held during the grantor’s life and after death delivered to the grantee.</p> <p>Escrows — Deeds'—Gifts'—Rights of Grantee — Acts of Holder. Where a deed was delivered to a third party to he held during the lifetime of the grantor and after death delivered to the grantee as a gift, the mistaken belief of such third party that the deed was subject to the dominion and control of the grantor does not affect the rights of the grantee.</p> <p>Sam