128 Minn. 251 | Minn. | 1915
The parties to this action are the children of Elizabeth Wortz, deceased. She owned an 80-acre farm in Meeker county and resided thereon until her death on March 12, 1913. After the death of her husband some 17 years ago, plaintiff, her oldest son, took charge of and carried on the farming operations under an arrangement whereby she received one-third of the crops and plaintiff two-thirds thereof. The other children left the farm and established homes for themselves. In' 1907, Mrs. Wortz and plaintiff went to a notary public, where she made a warranty deed to plaintiff for the farm, and plaintiff executed a contract to take care of her during her lifetime, and to do certain other things therein specified, and which further provided that the deed should be null and void if he failed to faithfully perform his undertakings. After the papers were executed, Mrs. Wortz directed the notary to keep both the deed and the contract. The instructions which she gave are stated by the
Plaintiff brought this action to have the title to the land quieted in himself and to have the deed executed on March 4, 1913, declared
The judgment must be reversed, for the reason that there was no-valid delivery of the deed executed to plaintiff and it never took effect. Mrs. Wortz clearly and unequivocally reserved the right-to recall the deed at any time. This defeated it. In Dickson v. Miller, 124 Minn. 346, 145 N. W. 112, the authorities bearing upon this question were fully considered, and the rule governing the present case is there stated as follows:
“If the right to recall or control the. deed is reserved, by the great, weight of authority title will not pass by the deed for want of delivery, even though the depositary makes delivery after the grantor’s-death.” We follow and apply that rule.
- The court determined that the deed executed on .March 4, 1913,, was of no effect, for the reason that it was procured by undue influence. Under the rules governing this court, when reviewing the findings of the trial court, the evidence is sufficient to sustain such conclusion. The result is that Mrs. Wortz died seized of the land-in question, and that it forms a part of her estate to be administered by the probate court. Whether she disposed of the property by will or whether it passed to her heirs at law under the statute is the-province of that court to determine. So much of the judgment as-cancels the deed executed on March 4, 1913, is affirmed; the remainder of the judgment is reversed.