Ruiz v. Dow

Citations

• 113 Cal. 490
• 45 P. 867
• 1896 Cal. LEXIS 817

Syllabus

<p>Deed—Gift from Husband to Wife—Delivery to Third Party— Vesting of Title—Record after Decease of Husband.—Where a deed of gift of real and personal property was made by a husband to his wife, and delivered to a third, party for her benefit, with instructions to record it after his decease, but with the intention to vest title in the wife to the property conveyed, as of the date of its execution, such delivery of the instrument is valid and sufficient to vest title in the wife to all the real and personal property described therein.</p> <p>Id.—Intention of Grantor—Question of Fact—Support of Finding.— While the intention of the grantor in making such deed is all-important in determining the question of its validity, as carrying title to real or personal property, yet such intention is a question of fact for the jury under the law, and where they have found such intention in favor of the grantee, their finding will not be disturbed upon appeal when there is evidence to support it.</p> <p>Id.—Gift of Personal Property—Note—Title of Wife—Payment to Husband—Deposit in Bank.—-Where the deed of gift from the husband to the wife, conveyed to her certain real property described, and all of his personal property of every description, “including chattels, stocks, money, notes, bonds, mortgages, and other evidence of indebtedness,” the delivery of the deed to a third party with intent to vest title in the wife, passed to the wife the title to each note then payable to the husband, and relinquished all right or control over the same by the husband, and the wife is entitled to a payment thereafter made tó the husband upon the note, though such payment was deposited by the husband in bank in his own name prior to his death, and his administrator cannot recover the same, as against her.</p> <p>Id.—Parol Evidence of Intention—Declarations of Husband.—The intention of the husband to make a present gift to his wife by a deed delivered to a third person, may be proved by Ms own decl