Rosengrant v. Rosengrant: Difference between revisions

Revision as of 03:55, April 28, 2024

Rosengrant = a retired couple that lived in Oklahoma
Rosengrant = a nephew of the retired couple who comes to take care of their farm
In June 1972, the couple granted the farm to their nephew by signing a deed
The plan was for the nephew to record the deed after the passing of the couple
The nephew was told that he could have retrieved the deed earlier
The couple were supposed to own the farm until their deaths
The couple died in 1974 & 1978
Next, the nephew recorded the deed after 1978

Shortly afterwards, other Rosengrants sued the nephew
The relative claimed that the deed to the nephew was void because it was improperly delivered & violated the Statute of Wills
The nephew lost for failure of proper delivery of the deed

Is a deed, executed during a grantor's life but intended to convey land after the grantor's death, a valid means of making such a transfer?

No. A deed is only valid if the grantor intends to convey ownership at the time of delivery.

Delivery of the deed must include delivery of title & outright ownership at the time of delivery

@@ Line 23: / Line 23: @@
 *
 |issues=Is a deed, executed during a grantor's life but intended to convey land after the grantor's death, a valid means of making such a transfer?
+|holding=No. A deed is only valid if the grantor intends to convey ownership at the time of delivery.
+|rule=Delivery of the deed must include delivery of title & outright ownership at the time of delivery
 |case_text_links={{Infobox Case Brief/Case Text Link
 |link=https://www.quimbee.com/cases/rosengrant-v-rosengrant