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Wiggill v. Cheney

Utah Supreme Court
597 P.2d 1351 (1979)


Facts

On June 25, 1958, Lillian W. Cheney (grantor) signed a deed granting property to Flora Cheney (defendant). Rather than delivering the deed to Cheney, the grantor put the deed in a sealed envelope and placed it in a safety deposit box. The safety deposit box was in both her and Francis E. Wiggill’s (plaintiff’s) name. The grantor instructed Wiggill that, upon her death, he was to open the safety deposit box and send out the sealed envelope. The grantor retained the key to the safety deposit box and had sole control over the box at all times until her death. After her death, Wiggill delivered the deed to Cheney as instructed. The trial court invalidated the deed because no valid delivery had occurred.

Rule of Law

Issue

Holding and Reasoning (Maughan, J.)

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