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Property Keyed to Rabin
Rosengrant v. Rosengrant
Citation:
Court of Appeals of Oklahoma, 1981; 629 P.2d 800Facts
On June 23, 1972, Mildred and Harold Rosenthal signed a deed for their farm and informed Appellee that they planned to transfer this property to him. However, they advised that the property would only become his upon their death and after it was recorded. Mildred and Harold handed the deed to Appellee who then handed it to a banker who would hold it for safekeeping. After this discussion, Harold continued to use and control the farm and he also continued to pay taxes.
After Mildred and Harold died, Appellee retrieved the deed from the bank and recorded it. When he retrieved the deed, the envelope listed Harold’s name. Appellants filed a lawsuit to set aside the deed claiming that it was void and not legally delivered. The trial court ruled in favor of Appellants. The Appellee appealed this decision.
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