Weston v. Weston

Wilson, O. J.

(dissenting.)

I cannot concur.(1) The definite instructions that the deed was to be delivered upon the death of the grantor bring this case within the doctrine of Hagen v. Hagen, 136 Minn. 121, 161 N. W. 380, L. R. A. 1917C, 964, and Ingersoll v. Odendahl, 136 Minn. 428, 162 N. W. 525. The rights of the parties were fixed by the delivery of the deed. Such is the positive and undisputed evidence. To my mind there is nothing surprising in the decedent being satisfied with a life estate which the deed transaction reserved to him. His expression of satisfaction of being “through with…