Rivard v. Walker

Citations

• 39 Ill. 413

Syllabus

<p>1. Deed—what amounts to a delivery of between adults. A mere formal dolivery of a deed is not required, even between adults. It is only necessary that the grantor should part with the control of the deed, and do so with a view of passing the title. The delivery may be to the grantee, or to a stranger, for his use, and his acceptance will be presumed, from the fact that the deed is for his benefit.</p> <p>3. Same—ojs to infant grantees. As to the delivery of a deed to infants, a greater presumption is indulged, in their behalf, than as to adults, from the fact of their incapacity to manifest directly their acceptance of the deed.</p> <p>3. A made and executed a deed of certain premises to his minor children, to prevent the same from being squandered by his then wife, and had the same recorded. Afterward the wife obtained a divorce, whereupon A filed a bill to set aside the deed made to the children, on the ground that there had been no delivery to the grantees, and that the motive for executing the deed had ceased to exist. Eeld:</p> <p>1. That, it appearing from the averments in the bill that A intended to part with the title to the land for the purpose of placing it beyond the reach of his spendthrift wife, and secure it for the benefit of his children, which objects would not have been accomplished had A not intended that the deed should take immediate effect, such intention was evidenced and consummated by delivering the deed to the magistrate, without any reservation, and directing him to record it; and this, in behalf of infant grantees, will be regarded as an absolute delivery for their benefit.</p> <p>3. The fact that A, after the deed was recorded, told the recorder not to deliver the deed to any one but himself, except in event of his death, when he should deliver it to the grantees, does not relieve A from the effect of such absolute delivery.</p> <p>3. A, by directing the deed to be recorded, and by its record, assured the public that he had transferre