Vettori v. Fay
Vettori v. Fay
Opinion
G.S. 41-2 abolished survivorship only where it follows as a legal incident to an existing joint tenancy. Jones v. Waldroup, 217 N.C. 178, 187, 7 S.E. 2d 366. It does not operate to prohibit persons from entering into written contracts as to lands so as to make future rights of the parties depend upon survivorship. Bunting v. Cobb, 234 N.C. 132, 135, 66 S.E. 2d 661. A deed, duly signed, sealed and delivered, is an executed contract. Edwards v. Batts, 245 N.C. 693, 698, 97 S.E. 2d 101. A grantee, by acceptance of a duly executed deed, becomes bound by the stipulations, recitals, conditions and limitations therein contained, even though he has not signed the deed. Story v. Walcott, 240 N.C. 622, 624, 83 S.E. 2d 498; Raynor v. Raynor, 212 N.C. 181, 193 S.E. 216. The public record of a registered and probated deed raises a rebuttable presumption that the original was duly executed and delivered. Lance v. Cogdill, 236 N.C. 134, 136, 71 S.E. 2d 918. In the case at bar, the court found as a fact that plaintiff and Blanche Loftain executed and delivered a deed of trust conveying the locus in quo as security for an indebtedness of $2000 payable to T. C. Fogel and wife, the grantors in the deed in question. The deed of trust is dated evenly with the deed and was registered 14 minutes after the deed was registered. This deed of trust furnishes evidence of the acceptance of the deed, according to its terms, by Blanche Loftain. The conclusion of the court that the deed was a written contract and that its provisions were binding upon and between the grantees is sustained.
The deed clearly provides for sole ownership in the survivor of the two grantees. The contention of defendants .that the marriage of Blanche Loftain after the execution, delivery and acceptance of the deed severed the unity of title and possession is without merit. Constitution of North Carolina, Art. X, § 6; G.S. 52-1.
The judgment below is
Affirmed.
Reference
- Full Case Name
- ELDA VETTORI v. S. S. FAY (Widower), MARY BARNES and Husband, T. RUDOLPH BARNES; DOROTHY WALKER and Husband, DOUGLAS WALKER; GLORIA JUNK and RAY JUNK; HORTENSE LOFTIN (Widow) ; And All of the Heirs-At-Law and Devisees, if Any, of JACK WILDEY, Deceased; BLANCHE FALLS and Husband, JAMES H. FALLS, JR.; All Unknown Parties Having or Claiming Any Right, Title, Interest, or Estate in or to All or Any Part of the Real Property Described in the Complaint in This Action, Including but Not Limited to the Widow, and All of the Heirs-At-Law and Devisees, if Any, of THOMAS LOFTIN, Deceased; The Widow and All of the Heirs-At-Law and Devisees, if Any, of JACK WILDEY, Deceased
- Cited By
- 5 cases
- Status
- Published