Wiggill v. Cheney

597 P.2d 1351 (1979)


Lillian W. Cheney signed a deed to real property wherein D was named grantee. Lillian placed the deed in a sealed envelope and deposited it in a safety deposit box in the names of herself and P. She instructed P that upon her death, he was to go to the bank where he would be granted access to the safety deposit box and its contents. Lillian Cheney further instructed, 'in that box is an envelope addressed to all those concerned. All you have to do is give them that envelope, and that's all.' At all times prior to her death, Lillian Cheney was in possession of a key to the safety deposit box and had sole and complete control over it. P was never given the key to the safety deposit box. After the death of Lillian, P, after gaining access to the safety deposit box, delivered the deed contained therein to Flora Cheney, the named grantee. The trial court held the deed invalid.