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Rosengrant v. Rosengrant: Difference between revisions
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(Created page with "{{Infobox Case Brief |court=Oklahoma Courts of Appeal |citation=629 P.2d 800 |date=1981 |subject=Property |case_text_links={{Infobox Case Brief/Case Text Link |link=https://www.quimbee.com/cases/rosengrant-v-rosengrant |source_type=Video summary |case_text_source=Quimbee }} |case_videos={{Infobox Case Brief/Case Video |service=YouTube |id=yeQmv337dso }}{{Infobox Case Brief/Case Video |service=YouTube |id=P-GBmlzF4e4 }}{{Infobox Case Brief/Case Video |service=YouTube |id=...") |
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|court=Oklahoma Courts of Appeal | |court=Oklahoma Courts of Appeal | ||
|citation=629 P.2d 800 | |citation=629 P.2d 800 | ||
|date=1981 | |date=March 31, 1981 | ||
|subject=Property | |subject=Property | ||
|facts=*Rosengrant = a retired couple that lived in Oklahoma | |||
*Rosengrant = a nephew of the retired couple who comes to take care of their farm | |||
*In June 1972, the couple granted the farm to their nephew by signing a [https://www.quimbee.com/keyterms/deed deed] | |||
*The plan was for the nephew to record the deed after the passing of the couple | |||
*The nephew was told that he could have retrieved the deed earlier | |||
*The couple were supposed to own the farm until their deaths | |||
*The couple died in 1974 & 1978 | |||
*Next, the nephew recorded the deed after 1978 | |||
* | |||
* | |||
* | |||
* | |||
* | |||
|procedural_history=*Shortly afterwards, other Rosengrants sued the nephew | |||
*The relative claimed that the [https://www.quimbee.com/keyterms/deed deed] to the nephew was void because it was improperly [https://www.quimbee.com/keyterms/legal-delivery delivered] & violated the Statute of Wills | |||
*The nephew lost for failure of proper delivery of the deed | |||
* | |||
* | |||
|issues=Is a deed, executed during a grantor's life but intended to convey land after the grantor's death, a valid means of making such a transfer? | |||
|holding=No. A deed is only valid if the grantor intends to convey ownership at the time of delivery. | |||
In this case, the deed was invalid. The nephew gets nothing.  | |||
|judgment=Affirmed | |||
|rule=Delivery of the deed must include delivery of title & outright ownership at the time of delivery | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/rosengrant-v-rosengrant | |link=https://www.quimbee.com/cases/rosengrant-v-rosengrant | ||
|source_type=Video summary | |source_type=Video summary | ||
|case_text_source=Quimbee | |case_text_source=Quimbee | ||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://law.justia.com/cases/oklahoma/court-of-appeals-civil/1981/5128.html | |||
|case_text_source=Justia | |||
}} | }} | ||
|case_videos={{Infobox Case Brief/Case Video | |case_videos={{Infobox Case Brief/Case Video | ||
Latest revision as of 03:58, April 28, 2024
| Rosengrant v. Rosengrant | |
| Court | Oklahoma Courts of Appeal |
|---|---|
| Citation | 629 P.2d 800 |
| Date decided | March 31, 1981 |
Facts
- Rosengrant = a retired couple that lived in Oklahoma
- Rosengrant = a nephew of the retired couple who comes to take care of their farm
- In June 1972, the couple granted the farm to their nephew by signing a deed
- The plan was for the nephew to record the deed after the passing of the couple
- The nephew was told that he could have retrieved the deed earlier
- The couple were supposed to own the farm until their deaths
- The couple died in 1974 & 1978
- Next, the nephew recorded the deed after 1978
Procedural History
Issues
Is a deed, executed during a grantor's life but intended to convey land after the grantor's death, a valid means of making such a transfer?
Holding
No. A deed is only valid if the grantor intends to convey ownership at the time of delivery.
In this case, the deed was invalid. The nephew gets nothing. Judgment
Affirmed
Rule
Delivery of the deed must include delivery of title & outright ownership at the time of delivery
Resources
