Underwood v. Gillespie

594 S.W.2d 372 (1980)

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Nature of the Case

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Facts

P brought an action for partition contending that she and Ds were co-owners as tenants in common of 100 acres of land. P claims that she and Ds acquired their interests in the property as residuary devisees under the will of Zella Bacon. Ds claim they alone own the land under a deed from her dated March 9, 1966. Ds' deed provided a life estate to her brother, Gus, with the remainder in fee to Ds. The deed was taken to her house on that date by her attorney. P signed and acknowledged it there. Gus Gillespie then arrived, and Mrs. Bacon handed him the deed. He looked at it and eventually tore it up. In September of 1969, Bacon had her attorney prepare an additional will, devising this and other property to P for life, with the remainder to P's children. That will was never executed. Gus Gillespie died October 20, 1968, and half of the deed was then found in his papers. This was the first Ds knew of the deed. It was never recorded. From 1966 through 1975 the property was assessed for tax purposes in Mrs. Bacon's name, and she collected rent on it. She paid the taxes on the land herself until 1971. Thereafter, her guardian, and executor paid the taxes. The property was inventoried in both her guardianship and decedent estates, and record title was in her name at her death. The trial court found the deed to be invalid 'for want of proper delivery and acceptance.' Ds appealed.