Wiggill v. Cheney

Lillian Cheney signed a deed granting property to Flora Cheney (defendant) but never delivered it, instead sealing it in an envelope kept in a safety deposit box she shared with Wiggill (plaintiff), instructing him to send the envelope out only after her death. She alone held the key and retained sole control over the box until she died, after which Wiggill delivered the deed as instructed. The trial court held no valid delivery had occurred and invalidated the deed.

Whether the delivery of a deed is effective to transfer title where the grantor never parts with possession of the deed or relinquishes the right to retain it.