Capozzella v. Capozzella

213 Va. 820 (1973)

HENRY F. CAPOZZELLA

v.

HARRIET A. CAPOZZELLA.

Record No. 8071.

Supreme Court of Virginia.

April 23, 1973.

Blair D. Howard (Howard, Stevens, Lynch, Cake & Howard, on brief), for appellant.

Roy A. Swayze, for appellee.

Present, All the Justices.

1. For a deed to pass title there must be delivery but physical deposit with grantee is not essential nor is recordation necessary to pass title. When deed is made by one spouse to another, formality of delivery required of deeds of bargain and sale are not necessary.

2. Trustees under sealed authority, which did not require trustees to await…