Williams v. Cole

Clemons died intestate owning the disputed property, sparking a fight between his sister Williams and several nieces and nephews (plaintiffs) and his nephew Cole (defendant). A deed named Cole as grantee. Cole testified that Clemons deeded the property to him alone for convenience so Cole could divide it among himself and two other nephews, that Clemons repeatedly told him where the deed was and to record it, but that Cole told Clemons to keep it at home for safekeeping. The deed thus stayed unrecorded and in Clemons's possession. The probate court found Clemons had effected delivery, and the plaintiffs appealed.

Whether a deed must be physically handed over to the grantee to be effective, and whether an unrecorded deed kept in the grantor's possession is presumed undelivered.