In Re Estate Of Mary O'brien Susan Fortner

The issue is whether RCW 11.02.090 validates two deeds when the trial court found that the grantor "made no delivery of the deeds prior to her death in the sense that she did not intend an immediate transfer of the property but was intending to have a testamentary disposition take effect only at her death." As a result of that finding, the trial court held that the deeds did not vest title during grantor's life nor did they satisfy the formalities of execution required by the wills statute, RCW 11.12.020; thus, the deeds were ineffective.