Ruiz v. Dow

Deed—Gift from Husband to Wife—Delivery to Third Party— Vesting of Title—Record after Decease of Husband.—Where a deed of gift of real and personal property was made by a husband to his wife, and delivered to a third, party for her benefit, with instructions to record it after his decease, but with the intention to vest title in the wife to the property conveyed, as of the date of its execution, such delivery of the instrument is valid and sufficient to vest title in the wife to all the real and personal property described therein.

Id.—Intention of Grantor—Question of Fact—Support of Finding.— While the intention of the grantor in making such deed is all-important in determining the question of its validity, as carrying title to real or personal property, yet such intention is a question of fact for the jury under the law, and where they have found such intention in favor of the grantee, their finding will not be disturbed upon appeal when there is evidence to support it.

Id.—Gift of Personal Property—Note—Title of Wife—Payment to Husband—Deposit in Bank.—-Where the deed of gift from the husband to the wife, conveyed to her certain real property described, and all of his personal property of every description, “including chattels, stocks, money, notes, bonds, mortgages, and other evidence of indebtedness,” the delivery of the deed to a third party with intent to vest title in the wife, passed to the wife the title to each note then payable to the husband, and relinquished all right or control over the same by the husband, and the wife is entitled to a payment thereafter made tó the husband upon the note, though such payment was deposited by the husband in bank in his own name prior to his death, and his administrator cannot recover the same, as against her.

Id.—Parol Evidence of Intention—Declarations of Husband.—The intention of the husband to make a present gift to his wife by a deed delivered to a third person, may be proved by Ms own declarations, whether made before or after the transaction.

Id.—Power of Grantor before Delivery—Effect of Written Instructions.—-Prior to the actual delivery of the deed, the grantor may change the character of the delivery originally contemplated, and has the right to destroy and nullify the instrument itself; and written instructions contained in the instrument in reference to the disposition of the deed are not conclusive evidence of the grantor’s intention, such as to preclude parol evidence of his declarations as to his intention.

Id.—Attorney and Client—Privilesed Communications—Delivery of Deed.—A conversation between the husband and his attorney in reference to the delivery of his deed of gift to his wife to a third person, and instructions by the attorney as to such delivery, given mostly in the presence of the wife, are not privileged, and the husband’s attorney may testify to the same on behalf of the wife.