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Property Keyed to French
Chandler v. Chandler
Facts
: J. W. Chandler executed a deed in favor of his wife in 1964. The deed was for an undivided one-half interest in 27- acres of land, for life with right of survivorship, while reserving an undivided one-half interest for himself. The remainder was a fee simple to their son J. P. Chandler, who is the defendant in the present case. J. W. Chandler and his wife did not directly deliver the deed to the son but deposited it at a bank, without safety deposit boxes, leaving instructions to deliver it to J.P. at the time of J. W’s death. J. P. could have reclaimed the deed to the land at any time according to the bank’s ordinary practice of business. J.P. never attempted to retrieve the deed. J. W. and his wife continued to live on the land until their deaths in 1972 and 1975, when J. P. took possession of the land. J.P’s siblings filed suit in 1980 challenging the validity of the deed and claiming that there was no valid legal delivery because J.W. could have done so himself before his death. The trial court ruled in favor of J.P. stating that the deed was validly delivered. J.P.’s siblings appealed.
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