For Your Data Kresser V. Peterson Illustration Brief

Kresser v. Peterson case brief summary
675 P.2d 1193 (1984)

CASE SYNOPSIS

Plaintiff stepsons brought an activity against accused sons, asserting a half involvement inwards a habitation nether the terms of a testatrix's will. The adapt was dismissed past times the lower courtroom (Utah) upon a showing that a subsequent warranty deed executed past times the testatrix took the belongings out of her estate. The stepsons challenged the judgment.

CASE FACTS
When the stepsons' manful somebody raise died, the testatrix executed a volition that devised existent estate to her sons as well as the stepsons. Seven years later, she executed a warranty deed to the same property, naming herself as well as her sons every moment grantees, amongst correct of survivorship. She recorded the deed as well as placed it inwards a security deposit box. The sons did non know that the deed was inwards the security deposit box as well as had no fundamental to the box. The exclusively number urged on appeal was that in that location was no valid delivery of the deed from the testatrix to her sons.

DISCUSSION

The courtroom noted that an effective deed required delivery, actual or constructive, without exclusive command or recall.
Delivery to i cotenant or reservation of an estate connoted delivery to all cotenants, where the grantor was also the grantee. Affirming, the courtroom constitute that the well-nigh pregnant indicia of delivery was the arguing of the testatrix at the fourth dimension she signed the deed that she intended her sons to accept the property.
Delivery was reflected past times recordation of the deed as well as deposit inwards the security deposit box amongst written authorisation that whatsoever of the grantees, who also were tenants nether the box rental agreement, had exclusive correct of access to the box.

CONCLUSION
The courtroom affirmed the judgment of the trial court.

Suggested constabulary schoolhouse report materials