Gilbert v. Mcspadden

91 S.W.2d 889 (1936)

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Nature of the Case

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Facts

Gilbert and wife executed and acknowledged a number of deeds conveying to Gilbert's children tracts of land. Each deed recited a consideration of $1 and love and affection. Gilbert kept the deeds in his possession and continued to exercise dominion over the land. On December 19, 1931, he took the deeds from his bank box and started to the home of his daughter for the avowed purpose of delivering the deeds to her to be recorded. He arrived at the home at about 8 o'clock in the evening of December 20, 1931, and retired for the night. The next morning, he was found dead in bed. Shortly thereafter the children found the deeds in his grip in his room. They immediately took possession of the deeds and had them recorded and are now claiming title to the land by virtue of said conveyances. Mrs. Georgia Oakes Gilbert (P), as administratrix of the estate, claims that the deeds were never properly delivered and that as a result said land still belongs to the estate of the deceased. The trial court ruled for Ds, and P appealed.