Kresser v. Peterson

675 P.2d 1193 (1984)

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Nature of the Case

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Facts

Kresser Sr. had two sons (P) when he married Della Pyper who also had two sons (D). The couple owned a home jointly with right of survivorship. Sr. died, and Della executed a will which devised the property to the four boys. Seven years later, she executed a warranty deed naming herself and her two sons as grantees, with right of survivorship. The deed was recorded and placed in a safety deposit box with a local bank. Exclusive access to the box as reserved to the joint tenants. D did not know that the deed was in the safety deposit box. The only issue was effective delivery. The suit by P was dismissed as the trial court ruled that effective delivery had been made. P appealed.