Hale v. Joslin
Massachusetts Supreme Judicial Court
Bill in equity, filed November 29, 1880, alleging that, on August 7, 1873, Elijah Hale conveyed to the plaintiff by warranty deed a certain parcel of land in Stow, and on that day delivered the deed in trust to Edwin Whitney, one of the defendants, for the benefit and use of the plaintiff, as an escrow, and upon the express condition, and under the direction given by the grantor to Whitney, that, upon the grantor’s decease, Whitney should forthwith deliver the deed to the…
Read the full summary
Bill in equity, filed November 29, 1880, alleging that, on August 7, 1873, Elijah Hale conveyed to the plaintiff by warranty deed a certain parcel of land in Stow, and on that day delivered the deed in trust to Edwin Whitney, one of the defendants, for the benefit and use of the plaintiff, as an escrow, and upon the express condition, and under the direction given by the grantor to Whitney, that, upon the grantor’s decease, Whitney should forthwith deliver the deed to the plaintiff; that Whitney then received the deed in trust, as such an escrow, and upon said condition, and agreed with the…
1Opinion of the CourtW. Allen, J.
We think the evidence shows that Elijah Hale did not intend that the deed should be delivered until his death. He did not intend that the plaintiff should have any present interest in the deed, but intended to keep in himself the dominion and control of it. It was in the hands of Whitney as a depositary for the grantor, and not as agent or trustee for the grantee. The act was intended to be in the nature of a testamentary act, which could be revoked at any time. As it was in fact revoked, it is not necessary to consider what effect it would have had if there had been no revocation. Fairbanks…
2Cases cited4 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Wellborn v. WeaverSupreme Court of Georgia · 1855
- Shurtleff v. FrancisMassachusetts Supreme Judicial Court · 1875
- McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
3Cited by14 opinions
- Williams v. KiddCalifornia Supreme Court · 1915
- Jones v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1925
- Saltzsieder v. . SaltzsiederNew York Court of Appeals · 1916
- O'Brien v. O'BrienNorth Dakota Supreme Court · 1910
- Dickson v. MillerSupreme Court of Minnesota · 1914
9 more not listed; retrieve them via the Exa API.