Gilmer v. Anderson

The trial judge made no express finding regarding his view of the credibility of the witnesses. It appears from his written opinion that he credited the testimony of all witnesses1 ******and decided against Barbara Gilmer, not because he disbelieved her but because he concluded, as a matter of law, that she had failed to establish her claims.

The established rule of law is that if a grantor deposits a deed with a third party to be delivered to the grantee after the grantor’s death, the grantor reserving no further control over the instrument, there is a complete delivery and an immediate…