Vasquez v. Vasquez
Texas Court of Appeals
973 S.W.2d 330 (1998)
In 1992, Juanita Carr executed a will naming Ignacio and Jose Vasquez her sole heirs, but in 1993 she executed a deed granting the same property to Brigido Vasquez, giving that deed to her attorney Michael George with instructions to keep it secret and, upon her death, record it and deliver it to Brigido. After Juanita's death, however, the will's executor instead deeded the property to Ignacio and the other appellants; the trial court held the deed had been legally delivered to Brigido in 1993 when Juanita gave it to her attorney, and Ignacio appealed.
Whether, if a grantor actually delivers a deed to a third person and, without reserving a right to recall it, instructs the third party to deliver it to the grantee upon the grantor's death, delivery is complete.