Jackson v. DBR Jackson Partnership

Illinois Appellate Court
Civil Court
Real Property
Citation
Case Number: 
2016 IL App (3d) 150229
Decision Date: 
Wednesday, September 7, 2016
District: 
3d Dist.
Division/County: 
Stark Co.
Holding: 
Reversed and remanded with directions.
Justice: 
HOLDRIDGE

Decedent's actions, in placing his daughter's name as a grantee on purchase agreement with seller of 320 acres of farmland did not constituteĀ a completed gift to her as a matter of law. A gift of an interest in land must be evidenced by delivery of a deed of conveyance in order to be complete. Decedent remained in control of steps necessary to complete gift to his daughter, and he exercised that control in a manner to revoke purported gift when he instructed seller to execute the deed to his son as sole grantee. As purchase agreement conveyed no legal or equitable interest to daughter, any actions by her or by son subsequent to execution of original purchase agreement had no relevance.(WRIGHT and CARTER, concurring.)