This section contains the nature of the case and procedural background.

Kresser Sr. had two sons (P) when he married Della Pyper who also had two sons (D). The couple owned a home jointly with right of survivorship. Sr. died, and Della executed a will which devised the property to the four boys. Seven years later, she executed a warranty deed naming herself and her two sons as grantees, with right of survivorship. The deed was recorded and placed in a safety deposit box with a local bank. Exclusive access to the box as reserved to the joint tenants. D did not know that the deed was in the safety deposit box. The only issue was effective delivery. The suit by P was dismissed as the trial court ruled that effective delivery had been made. P appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.