Azevedo v. Azevedo

KNIGHT, J.

This is an appeal by defendant from a decree in plaintiff’s favor quieting title to certain real and personal property and granting other relief. Defendant claimed title to the real property under a deed executed by the decedent about two and a half years prior to his death and recorded by defendant a few days after decedent’s death; and his asserted title to the personal property was based on a verbal gift

inter vivos.

The decision in the trial

[506]

court turned on the question of delivery; and insufficiency of evidence to support the findings and judgment is the ground of appeal.

It is held generally with respect to deeds that a valid delivery is accomplished when the conduct and acts of a grantor manifest a present intent to dispose of the title conveyed by the deed. No particular form of delivery is necessary and any act or thing which manifests such intent is sufficient to establish it. However, manual tradition alone is not enough; the transfer of possession must be with the intent of presently passing title and must not be hampered by any reservation of right of revocation or recall

(Follmer

v.

Rohrer,

158 Cal. 755 [112 Pac. 544]); that is, in parting with the possession of the conveyance the grantor must intend thereby to divest himself of title. If he does there is an effective delivery. If he does not there is no delivery; and the solution of the question is to be determined from a consideration of all the evidence in the case. Moreover, whether there was such intent to pass present title is purely a question of fact to be determined by the trial court or jury.

(Hansen

v.

Hansen,

82 Cal. App. 786 [256 Pac. 290] ;

Williams

v.