147 Mich. 365 | Mich. | 1907
The complainants and defendants, including Rosaltha McIntyre (an incompetent) and Elizabeth McIntyre (the widow), are the'sole heirs of John B. McIntyre, who died intestate October 25, 1903. The bill was filed to set aside a deed of real estate, and a bill of sale of personal property made October 10, 1903, by John B. McIntyre, who died October 25, 1903, to his son Marion McIntyre.
The principal contention of the complainants is that the deed and bill of sale are void, for the reason that there was no legal delivery of the deed or bill of sale. It is alleged by defendants’ answer, and claimed by their proofs, that on October 10, 1903, A. B Markham, an attorney from Mayville, went to John B. McIntyre’s residence
The general rule is that a deed delivered to a third person to be by him delivered to the grantee upon the happening of some event in the future, which may or may not happen, does not pass the title to the land until such event occurs, and then only from that time. Campbell v. Thomas, 42 Wis. 437; Taft v. Taft, 59 Mich. 185. If, as contended, there may be exceptional cases in which, upon the intervening death of the grantor, the deed may, on the subsequent happening' of the event named as a condition, take effect by relation as of the date of its first delivery, this doctrine of relation cannot be applied in a case where the death of the grantor renders the performance of the condition impossible. Taft v. Taft, 59
The case presented is clearly one of a failure to complete the contract by reason of the death of one of the parties to it, whose support during life constituted in part the consideration upon which the binding contract was to Test. The decree is reversed, and a decree in accordance with the prayer of the bill will be entered, with costs of both courts.