Tripp v. McCurdy
Supreme Judicial Court of Maine
On report. This is a real action to determine title to certain real estate in Lewiston formerly owned by Edwin B. Holbrook, now deceased. On July 28th, 1920, said Edwin B. Holbrook executed a deed of said real estate wherein the plaintiff was grantee, and delivered the deed to Fred O. Watson, an attorney who drafted it, with instructions to deliver the same to grantee.
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On report. This is a real action to determine title to certain real estate in Lewiston formerly owned by Edwin B. Holbrook, now deceased. On July 28th, 1920, said Edwin B. Holbrook executed a deed of said real estate wherein the plaintiff was grantee, and delivered the deed to Fred O. Watson, an attorney who drafted it, with instructions to deliver the same to grantee. On August 9th, following, said Edwin B. Holbrook executed a will naming therein the defendant as residuary legatee and devisee. The plaintiff was a resident of Massachusetts and not in Maine when the deed was executed. Mr.…
1Opinion of the CourtCornish, C. J.
Real action. Both parties claim title from Edwin B. Holbrook, the plaintiff as grantee under a deed dated July 28, 1920, the defendant as residuary devisee under a will dated August 9, 1920. The date of Mr. Holbrook’s death does not appear in the case but evidently ivas shortly after the will was made.
The determining factor in the case is the delivery of the deed. If the delivery is held to be complete the plaintiff is entitled to recover, otherwise not. This deed was drafted by Mr. Fred O. Watson, an attorney of many years practice at the bar. He had previously made three wills for Mr.…
2Cases cited3 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Church v. GilmanNew York Supreme Court · 1836
- Mather v. CorlissMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- In Re Estate of DeschenesSupreme Judicial Court of Maine · 2003
- Hood v. HoodSupreme Judicial Court of Maine · 1978
- Poling v. NorthupSupreme Judicial Court of Maine · 1995
- Cowden v. BellCourt of Appeals of Texas · 1956
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