Kevin Arnold, Et Al. v. Beatrice Fowler

This is an action to set aside a quitclaim deed. The sole issue on appeal is whether the grantor delivered the deed to the grantee with the intention that it be an effective conveyance. After the grantor signed a quitclaim deed transferring title to a 42-acre tract to the grantee, the grantor’s mother, the grantee took possession of the deed. Later that day, the deed was placed in a lockbox maintained for the grantee’s benefit but co-owned by the grantor and her sister. Approximately three years later, while the deed remained in the lockbox, the grantor died. Shortly thereafter, the mother instructed the surviving daughter to bring the deed to her, which she did, and the mother recorded the deed. Upon learning of the recording of the deed, the grantor’s husband and children commenced this action to set aside the deed for failure of delivery arguing the deed remained in the grantor’s possession and control from the time she executed it until her death. Following a bench trial, the court found that the grantor delivered the deed to her mother with the intention that it be an effective conveyance and held that the conveyance was valid. We affirm.