Sweeney v. Sweeney case brief summary
11 A.2d 806 (1940)
Plaintiff administratrix appealed the
judgment of the Superior Court in Middlesex County (Connecticut),
rendered for defendant brother of the decedent in a suit to cancel a
CASE FACTS The decedent and his brother executed
two deeds. One conveyed the property owned by the decedent to the
brother, and the other conveyed it back to the decedent. This second
deed was destroyed in a fire, and the decedent's wife brought this
action against the brother. The brother claimed that the deed
conveying the property back to the decedent was to have effect only
if the brother predeceased the decedent.
On appeal, the court
reversed the trial court judgment in favor of the brother, and
remanded the case for new trial because the second deed was delivered
to the decedent.
The alleged condition was inoperative because the
delivery was not made to a third party to hold for the parties
pending some future event.
The court recognized that honoring the
rule of the law might have been ignoring the intent of the parties,
but determined that it was necessary.
The court reversed the judgment for decedent's brother, that
determined that he was the owner of certain land, and remanded for a
new trial. Suggested law school study materials
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