First Sec. Bank v. Burg

122 Utah 445, 251 P.2d 297 (1952)

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Nature of the Case

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Facts

On February 21, 1935, Fred Burgi conveyed to Clyde Burgi property upon which a food store stood. Clyde was Fred's son, and the deed was a warranty deed. The deed was recorded on March 4, 1935. On March 3, 1935, Clyde conveyed the property back to Fred, and that deed was recorded on March 5, 1935. Fred then executed a deed on November 18, 1935, to convey the property to Clyde. This latter conveyance was not recorded until February 7, 1950, five days after Fred's death. On January 29, 1937, Fred executed a Bill of Sale assigning all the stock of groceries, fixtures, and furnishings of the business to Clyde. The court found there was no delivery of the deed or the bill of sale; they were executed for and with the intent that they only would apply on Fred's death. At trial D, offered testimony from an attorney hired by Fred to consummate these transactions but that evidence was improperly excluded. The property reverted to the estate to be administered by First Security Bank (P). Clyde (D) appealed.