Vasquez v. Vasquez,

973 S.W.2d 330 (1998)

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Nature of the Case

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Facts

Juanita executed a will naming Ignacio and Jose as her sole beneficiaries. Then six months later executed quitclaim deed granting the same property to Brigido. The quitclaim deed was left in the custody of her attorney with instructions not to tell anyone or deliver it until after her death. Juanita died six months later. The attorney then mailed the deed to the county clerk for filing. The deed was recorded, and the parties were notified of the existence of the deed. The will was probated, and Ignacio as the executor of the estate executed a special warranty deed to Appellants conveying the property in question. This lawsuit ensued to determine who the rightful owner of the property was. The trial court found that the deed to Brigido was delivered when the attorney took possession of it with instructions and thus ruled for Brigido. This appeal resulted.