VASQUEZ V. VASQUEZ
973 S.W.2d 330 (1998)
NATURE OF THE CASE: This was a dispute over delivery of a deed.
FACTS: Juanita executed a will naming Ignacio and Jose as her sole beneficiaries. Then
six months later executed quitclaim deed granting the same property to Brigido. The
quitclaim deed was left in the custody of her attorney with instructions not to tell anyone
or deliver it until after her death. Juanita died six months later. The attorney then mailed
the deed to the county clerk for filing. The deed was recorded and the parties were notified
of the existence of the deed. The will was probated and Ignacio as the executor of the
estate executed a special warrant deed to Appellants conveying the property in question.
This lawsuit ensued to determine who the rightful owner of the property was. The trial court
found that the deed to Brigido was delivered when the attorney took possession of it with
instructions and thus ruled for Brigido. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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