Counter v. Counter

Defendant appeals from a judgment entered against him in an action brought against him by his father individually and as administrator of the estate of his deceased wife, the son’s mother, to cancel a deed to real property.

Question Presented

Does physical delivery of a deed control over circumstances showing that the delivery was intended only as a testamentary disposition and was without intent to pass title ?

Pacts

Plaintiff and his wife Katherine owned certain real property in San Praneiseo, consisting of three flats, one of which was occupied by them as their home. The property was given…