Kresser v. Peterson

Plaintiffs asserted a one-half interest in a home under the terms of a will. The suit was dismissed upon a showing that a subsequent warranty deed executed by the testatrix took the property out of her estate. The only issue urged on appeal is that there was no valid delivery of the deed.

Facts were stipulated showing that Edward Kresser, Sr. had two sons, the plaintiffs, when he married Della Pyper, who also had two sons, the defendants. The couple owned a home jointly, with right of survivorship. When Edward Sr. died, Della executed a will which devised the property to the four boys. Seven…