Ferrell v. Stinson

233 Iowa 1331, 11 N.W.2d 701 (1943)

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Nature of the Case

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Facts

Kamberling made out a deed to Esgate (D), Baughman (D), and Stinson (D) while bedridden. This deed gave them her land in Iowa. It was placed in a box in Kamberling's closet with instructions to her executrix to have it delivered after she died. She then made a will giving the rest of her estate to Ferrell (P). Between that time and her death, Kamberling indicated several times that she intended the property to go to D. There was never any question of her intent. Kamberling died 10 months after executing the deed. P sued. P claimed that there was no valid delivery of the deed to the grantees and that the land belonged to her as a residuary devisee. The trial court found for P and D appealed.