In Re Peaden

The question involved: Was the provision in the H. J. Smith deed that the grantee was to pay, upon the death of the grantor (or sooner if he desires to do so), the sum of $500 to Lucy Elks (and the petitioners, Emily M. Peaden and Maggie L. Clark) an absolute gift, or was the same subject at all times to the control of the grantor, prior to its actual payment? We think it was an absolute gift — the language of the deed clearly shows it was intended as such.

It is well settled that the acceptance of a deed by a grantee renders him liable to pay the consideration. Peel v. Peel, 196 N. C., 182.…