Rowley v. Bowyer
New Jersey Court of Chancery
On bill, answer, replication and proofs. The bill is filed to set aside two certain deeds of conveyance of real estate made January 25th, 1906, by John Bowyer, now deceased, to his son, William W. Bowyer. A few days before the date of these deeds John Bowyer employed William Casselman, an attorney-at-law, to prepare his will and to draw these deeds.
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On bill, answer, replication and proofs. The bill is filed to set aside two certain deeds of conveyance of real estate made January 25th, 1906, by John Bowyer, now deceased, to his son, William W. Bowyer. A few days before the date of these deeds John Bowyer employed William Casselman, an attorney-at-law, to prepare his will and to draw these deeds. He gave the attorney a list of his several tracts of real estate and directed that his will should dispose of all of them excepting three, and requested the attorney to prepare two deeds conveying the three pieces of real estate not covered by the…
1Opinion of the Court
Leaking, V. C.
The delivery of a deed of conveyance of real estate is essential to its validity. Its delivery is a matter of intention, and the acts *82and declarations of the grantor are evidence of his intention. It is not delivered unless or until it is the intention of the grantor to perfect the instrument and make it presently effective as a conveyance.
These elementary principles have been recognized in this court in Crawford v. Bertholf, 1 N. J. Eq. (Sax.) 458, 467; Wood v. Woodward, 8 N. J. Eq. (4 Halst.) 779, 784; Martling v. Martling, 47 N. J. Eq. (2 Dick.) 122; Vreeland v. Vreeland, 48…
2Cases cited18 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
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3Cited by6 opinions
- Meyers v. MeyersNew Jersey Court of Chancery · 1926
- Blachowski v. BlachowskiNew Jersey Court of Chancery · 1944
- Crystal v. JoergNew Jersey Superior Court Appellate Division · 1951
- Hagen v. HagenSupreme Court of Minnesota · 1917
- Montgomery v. VarleyNew Jersey Court of Chancery · 1929
1 more not listed; retrieve them via the Exa API.