KRESSER V. PETERSON
675 P.2d 1193 (1984)
NATURE OF THE CASE: This was a dispute over delivery of a deed.
FACTS: Kresser Sr. had two sons (P) when he married Della Pyper who also had two sons
(D). The couple owned a home jointly with right of survivorship. Sr. died, and Della
executed a will which devised the property to the four boys. Seven years later, she executed
a warranty deed naming herself and her two sons as grantees, with right of survivorship. The
deed was recorded and placed in a safety deposit box with a local bank. Exclusive access to
the box as reserved to the joint tenants. D did not know that the deed was in the safety
deposit box. The only issue was effective delivery. The suit by P was dismissed as the trial
court ruled that effective delivery had been made. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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