Hill v. Donnelly

Defendant appeals from a judgment determining that a deed naming him as a joint grantee of certain real property is “void for failure of legal delivery thereof”, and that he holds the real property in trust for the benefit of the estate of Emma E. Donnelly, deceased, or for the residuary legatees named in her will. The two plaintiffs are executrices of the will of Emma E. Donnelly, and bring this action in their representative capacities. The defendant is executor of the will of deceased, and is sued both as executor and in his individual capacity. The questions presented to the trial court,…