Brown v. Brown
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; Geo. T. Humphries; Chancellor; 1. The deed was not to take effect until after the death of the grantor and is in the nature of a will. 2 Bl.
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Appeal from Fulton Chancery Court; Geo. T. Humphries; Chancellor; 1. The deed was not to take effect until after the death of the grantor and is in the nature of a will. 2 Bl. Com. 499; 127 U. S. 309. As a will it is void. 98 Ark. 466; '93 Id. 324; 100 Id. 427; 126 Id. 183; 75 S. W. 672. 2. It was not delivered during the lifetime of the grantor. 110 Ark. 425; 100 Id. 427, 432; 98 Id. 466. 3. There was no consideration and the estate is insolvent. 1. The declarations of T. J. Brown made after delivery of the deed were incompetent. 50 So. Rep. 148; 58 Id. 435; 41 L. R. A. 258; 53 So. Rep. 812;…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is earnestly insisted by counsel for the plaintiff that even if the testimony of Mrs. Haley Brown be considered competent that the finding of the chancellor is against the preponder anee of the evidence. It is settled in this State that if,.a deed, fully executed and so drawn as to convey a present title, is deposited by the grantor with a third person with directions to deliver it to the grantee after the death of the grantor, and the grantor reserves no dominion or control over the deed, the deed is not an attempted testamentary disposition but is…
2Cases cited5 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Nolen v. HardenSupreme Court of Arkansas · 1884
- Fine v. LasaterSupreme Court of Arkansas · 1913
- Staggers v. WhiteSupreme Court of Arkansas · 1915
- Walden v. BlassingameSupreme Court of Arkansas · 1917
3Cited by10 opinions
- Reynolds v. BaldingSupreme Court of Arkansas · 1931
- Ransom v. RansomSupreme Court of Arkansas · 1941
- MFA Mutual Insurance Company v. DixonDistrict Court, W.D. Arkansas · 1965
- Hudgens v. TaylorSupreme Court of Arkansas · 1943
- People's Savings Bank v. McInturffSupreme Court of Arkansas · 1921
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