Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 269
Reports of Cases At Law And in Chancery Argued And Determined in ..., volume 269
Illinois. Supreme Court
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f 15J VanZanten v. VanZanten. 491 Henrietta VanZanten et al. Plaintiffs in Error, vs. John VanZanten, Jr., et al. Defendants in Error. Opinion Hied October 27, 1015. 1. Deeds — the grantor's intention is without effect unless deeds, are delivered. The fact that the grantor intended that his children should have the land described in their respective deeds is without effect to pass title unless the deeds are delivered. 2. Same — what will be held to be a parol partition. Where the owner of land ...deeds the same in parcels to his children and puts each in possession of his or her respective parcel but the deeds are not delivered until after his death, when the widow and children meet, and after reading the last will of the deceased, which pur- ports to devise all the estate to the widow, decide not to probate the will but to divide the land according to the deeds and the previous possession of the children, and they thereafter carry out such ar- rangement for several years, there is a parol partition, which those assenting to are estopped to deny in a court of equity.
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