Question
Stephen Takacs and his son, John, purchased property as tenants in common. After sharing the costs of building a house, father, son, and the son's
Stephen Takacs and his son, John, purchased property as tenants in common. After sharing the costs of building a house, father, son, and the son's wife lived together on the premises for two years. During this period, Stephen paid $40 per month for his room and board. While the parties were living together in the home, the three went to the office of an attorney. The attorney, at Stephen's insistence, prepared a quitclaim deed conveying Stephen's interest to John Takacs and Mabel R. Takacs, John's wife. At the time, there was an understanding that the deed would become effective on Stephen's death and would not be recorded during his lifetime. The deed, however, was delivered to John. It was never in Stephen's possession, nor did Stephen reserve the right to recall it. Shortly thereafter, John died. Mabel Takacs recorded the conveyance and attempted to sell the property. Stephen sued to set aside the deed. Will he be successful? Discuss. Takacs v. Takacs, 26 N.W.2d 712 (Mich. 1947).
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