Albrecht v. Brais

Plaintiff Duane J. O’Connor, as special administrator of the estate of Harry C. Emhouser (Harry), filed a complaint against defendants St. John United Church of Christ, Otho Kalo Congregationalist Church (collectively churches), and Mario Jean Popp Brais (Brais) seeking a construction of the will to include certain farmland in the estate. The court ruled that the farmland was part of the estate, and Brais appealed. We affirm and hold that the grantor of a deed in escrow must intend to part with all dominion and control over the deed in order to effectuate delivery and, thus, secure the deed’s…