St. Louis County National Bank v. Fielde

364 Mo. 207, 260 S.W.2d 483 (1953)

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Nature of the Case

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Facts

Kessler executed a quitclaim deed to Fielder (D) in 1949. This deed conveyed to D Kessler's house, with a reservation of a life estate and the ability to sell at will. St. Louis County National Bank (P) was the executor of Kessler's estate. Kessler executed a will in 1947 and died in 1950. P contended that a deed, in order to convey, must give the grantee present irrevocable interest. The power to sell, lease, or dispose of property that is retained by the grantor is equal to the power to revoke the deed. P claims that this showed the intention that no estate is to pass until the death of the grantee, which made the deed testamentary. P sued to have the deed declared void. The trial court found the deed to be void. D appealed.