251 A.3d 888
R.I.2021Background
- Everett Hopkins executed a 2009 will leaving 740 Moonstone Beach Road to his sons Jonathan and Thomas as tenants in common.
- On February 27, 2012, Everett executed a warranty deed granting the property to himself and Jonathan as joint tenants while reserving a life estate; the deed was unrecorded at his death (June 25, 2012).
- After Everett’s death, Thomas found the original deed in a locked drawer of Everett’s roll-top desk; Thomas later gave the original to Jonathan, who recorded it on December 13, 2012.
- The estate sued in 2018 seeking a declaratory judgment that the deed was void for failure of delivery; a two-day bench trial followed.
- The trial justice found Jonathan’s testimony not credible, concluded Everett had not divested control of the deed (delivery failed), and found Jonathan had not accepted the deed; judgment was entered for the estate.
- The Supreme Court affirmed, giving deference to the trial justice’s factual and credibility findings and concluding the deed was void for lack of delivery and acceptance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valid delivery of deed | Everett never intended to surrender control; deed was kept in a locked desk drawer | Everett handed the deed to Jonathan in Feb 2012 and intended conveyance | Court upheld finding of no delivery; grantor did not divest control |
| Grantee acceptance | Jonathan did not accept (he said he couldn’t afford the property and recorded postmortem) | Recording and Jonathan’s possession showed acceptance | Court found lack of acceptance and affirmed trial court |
| Whether deed language alone proves intent | Extrinsic evidence (storage, testimony) shows lack of present intent to convey | Warranty-deed language is dispositive; deed is final agreement (Russo) | Court rejected Russo as inapplicable; grantor’s words/actions control intent to deliver |
| Standard of review / credibility | Trial justice’s credibility findings entitled to deference | Trial justice misconstrued law and overlooked facts | Supreme Court deferred to trial justice’s credibility findings and found no legal error |
Key Cases Cited
- People’s Credit Union v. Berube, 989 A.2d 91 (R.I. 2010) (delivery of a deed requires grantor to part with possession/control and grantee’s acceptance)
- Johnson v. Johnson, 54 A. 378 (1903) (delivery requires absolute parting with possession and control)
- Lambert v. Lambert, 77 A.2d 325 (R.I. 1950) (grantor must divest all right and authority to control deed)
- Russo v. Cedrone, 375 A.2d 906 (R.I. 1977) (warranty deed can supersede prior agreements; inapplicable where delivery disputed)
- Tsonos v. Tsonos, 222 A.3d 927 (R.I. 2019) (deference to trial justice’s credibility findings)