Chandler v. Chandler

409 So.2d 780 (1982)

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Nature of the Case

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Facts

J.W. and Maggie had eight children. In June 1964 the parents executed a deed conveying to Maggie an undivided half interest in the 270 acres for life with right of survivorship for the lifetime of the survivor with remainder in fee simple to J.P., their son. The deed was delivered to the bank by J.W. in 1965. J.W. died in 1972 and Maggie in 1975. Six of the remaining eight children (P) commenced this action in 1980 to set aside the deed for undue influence, mental incapacity, and no legal delivery. A teller testified that J.W. gave her instructions on a note attached to the deed that it was to be delivered to J.P on the death of J.W. The instructions on the deed were typed out by another employee of the bank. Further testimony from the bank showed that any person who left a deed at the bank had the right to go back and pick it up and that holding of such deeds by the bank was done for safekeeping. The trial court ruled for J.P (D), and this appeal resulted.