DEEDS-INSTRUMENT IN FORM OF CONTRACT FOR SALE OF LAND AS GIFT

Authors

Abstract

Decedent executed and delivered to his sister, the petitioner, in a sealed envelope an instrument in the form of an executory contract for the sale of land by the terms of which the decedent promised to convey to the petitioner his undivided two-thirds interest in a certain building and lot. The execution of the instrument was not the result of any agreement and no consideration was paid, although receipt of payment in full was endorsed on the back of the instrument. After decedent's death the envelope was produced and the probate court under a statutory authority ordered a conveyance to the petitioner in performance of the contract. Certain of the heirs secured a reversal in the district court, and petitioner appealed. Held, that although there was not a valid contract which could be specifically enforced, the evidence showed that there was a completed gift, and unless on reference back to the district court this conclusion was rebutted by other evidence, the decree of the probate court should stand. Wilson v. Fackrell, 54 Idaho 515, 34 Pac. (2d) 409 (1934).

Recommended Citation

DEEDS-INSTRUMENT IN FORM OF CONTRACT FOR SALE OF LAND AS GIFT, 33 Mich. L. Rev. 1268 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss8/22