Nolan v. Otney

Citations

• 75 Kan. 311
• 89 P. 690
• 1907 Kan. LEXIS 58

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Deed Delivered to a Custodian — Enjoyment Postponed until after Grantor’s Death. Where an instrument, executed and placed in the hands of a third person to be delivered to the grantee on the death of the grantor, being otherwise in the form of an ordinary warranty deed, provides that it shall not take effect until the death of the grantor, such provision will, in the absence of some controlling reason to the contrary, be construed to mean that the title is to vest at once, only the enjoyment being postponed until the death of the grantor.</p> <p>2. ■-— Grantee to. Care for Grantor During Latter’s Lifetime. The recital in such a deed that it is understood that the grantee is to care for the grantor during the remainder of his life is not inconsistent with such an interpretation.</p> <p>3. - Control Relinquished by Grantor — Custodian Directed to Hold Instrument until Grantee Performs Conditions. Where the owner of land executes an instrument in the form of a deed, and places it beyond recall in the hands of a third person to be delivered at his death, the delivery thereof, if otherwise sufficient, will -not be held ineffectual at the instance of the heirs of the grantor merely because the instructions given to the custodian included a direction to hold the instrument until the grantee, had performed certain conditions, all of which werev capable* of performance within the lifetime of the grantor.</p>