Shaw v. McKenzie

On motion. Real action. Verdict for plaintiffs. Defendant claims title to the property in question under a devise to her in the will of Martha E. Hawkes whose title depended upon a deed executed by her husband in 1901 but not recorded until 1912. He died testate in 1910, his will containing no specific mention of this property and giving his wife a life interest in the residuary estate. Plaintiffs claim title as remaindermen, asserting that the deed to Mrs. Hawkes was never delivered to her during her husband’s lifetime, and that therefore the property was a part of the residuary estate.

There…