Blancett v. Blancett
New Mexico Supreme Court
102 P.3d 640 (2004)
Relevant factsFree
Richard Blancett (plaintiff) drafted two deeds giving property interests to his son Linn (defendant) and handed them to Linn's wife in 1993, but told Linn not to record them until Richard died or did something "crazy," intending them only as a stopgap before he finished formal estate planning. Richard later drafted a will giving Linn lesser interests than the deeds. In 2001, Linn recorded the 1993 deeds anyway. Richard sued to nullify them, and the trial court and court of appeals agreed; Linn appealed.
IssueFree
Whether effective delivery of a deed requires intent by the grantor to make a present transfer and a transfer of dominion and control over the property.