Appeal of Duraind
Supreme Court of Pennsylvania
No. 117 January T. 1887, Sup. Ct.; Court below, No. 580 March T. 1884, C. P. in Equity. The proceeding in the court below was by a bill filed by Louisa Duraind, trustee for Mary, May, Edward, Joseph, Julia F. and Teressa Duraind, against George L. Dych, administrator of the estate of Marie F. Duraind, deceased, and Josephine Duraind, a sister of deceased, F. A. Duraind, Charles E. Lombard and Joseph E. L. Acosta (children of a deceased sister). After answer and replication,…
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No. 117 January T. 1887, Sup. Ct.; Court below, No. 580 March T. 1884, C. P. in Equity. The proceeding in the court below was by a bill filed by Louisa Duraind, trustee for Mary, May, Edward, Joseph, Julia F. and Teressa Duraind, against George L. Dych, administrator of the estate of Marie F. Duraind, deceased, and Josephine Duraind, a sister of deceased, F. A. Duraind, Charles E. Lombard and Joseph E. L. Acosta (children of a deceased sister). After answer and replication, Mr. William Kelly was appointed Examiner and Master, and the facts of the casé and the question raised sufficiently…
1Per curiam
A delivery is essentially necessary to give effect to a deed. The signing and sealing thereof are insufficient to bind the grantor, or to pass title to the vendee therein named. In the present case, no question of presumptive or conditional delivery, either to the vendee or to any person for her, arises.
It is conclusively shown that, although the deed was signed and acknowledged, yet in fact it remained in the possession of the person who signed it until her death. Neither the grantee named, nor the persons for whose benefit it professed to be made, gave any consideration therefor, nor were…
2Cited by6 opinions
- In Re Estate of TooleyCalifornia Supreme Court · 1915
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- Kanawell v. MillerSupreme Court of Pennsylvania · 1918
- Davis v. RobinsonSuperior Court of Pennsylvania · 1906
- Benedick v. BenedickSupreme Court of Pennsylvania · 1898
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