Sweeney v. Sweeney

Maurice Sweeney and his brother John (defendant) had two deeds drawn up conveying their jointly operated tavern farm back and forth—one from Maurice to John, recorded, and a second from John to Maurice, apparently intended to benefit Maurice only if John died first, which was never recorded and was later lost in a fire at John's attorney's office. Maurice gave both deeds directly to John, who kept the first and gave the second to his own attorney, seemingly intending it to pass to Maurice only if John predeceased him; Maurice nonetheless continued fully operating the tavern and leasing out rooms until his death, with John never receiving any income from those leases. After Maurice's death, his estranged wife Maria (plaintiff), as estate administrator, sued for title to the land; John argued the second deed was conditioned on his dying first, and the trial court found no intent to deliver that second deed, ruling John remained sole owner, prompting Maria's appeal.