Rosengrant v. Rosengrant
Court of Appeals of Oklahoma
629 P.2d 800 (1981)
Harold and Mildred Rosengrant, an older, childless couple, wanted to reward their nephew Jay (defendant) for caring for them by giving him their farm. At the bank, Harold handed Jay the deed -- which the banker said was needed to make the transfer legal -- but Harold and Mildred then had Jay give the deed back to the bank for safekeeping, instructing him to record it only after they both died. They continued living on the farm until they passed, at which point Jay recorded the deed. Other family members (plaintiffs) sued, arguing the deed was never properly delivered, and the trial court agreed; Jay appealed.
Whether a property transfer is valid only if the transferor intends the transfer to take effect immediately upon delivery of the deed.