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Womack v. Stegner

Law Dictionary
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.293 S.W.2d 124 (Tex. Civ. App. 1956)

Brief Fact Summary. D.R. Womack (Plaintiff) claimed title to land that he had received from his deceased brother, W.B. Womack. The deed authorizing the conveyance contained a blank for the name of the grantee. W.B. Womack died testate and under his will the property would have passed to his wife, Louise Womack. Louise Womack died prior to the filing of this suit and under her will the property in question would have passed to her brother, Harold Stegner (Defendant).

Synopsis of Rule of Law. Under Texas law, when a deed with the name of the grantee in blank is delivered by the grantor with the intention that the title shall vest in the person to whom the deed is delivered, and that person is expressly authorized at the time of delivery to insert his own or any other name as grantee, title passes with delivery.


Facts. The Plaintiff claimed title in a suit in trespass to try title where he had received from his deceased brother, W.B. Womack, a deed conveying land in which the grantee’s name was left blank. W.B. Womack died testate and under his will the property would have passed to his wife, Louise Womack. Louise Womack died prior to the filing of this suit and under her will the property in question would have passed to her brother, the Defendant. Plaintiff testified that when his late brother delivered the blank deed to him, his brother stated that he, or anyone he desired, could be filled in on the blank. The testimony also showed that there was no consideration for the deed; that it was a gift. The trial court instructed a verdict against Plaintiff and Plaintiff appealed.

Issue. Does title pass when a deed contains a blank in place of a grantee?

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