Womack v. Stegner
293 S.W.2d 124 (1956)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A deed delivered with the grantee's name left blank, but with the grantor's express oral authority for the recipient to fill in the blank, effectively transfers equitable title upon delivery. This authority constitutes an irrevocable power coupled with an interest that is not terminated by the grantor's subsequent death and is valid even in the absence of consideration.
Facts:
- W. B. Womack executed a deed conveying an undivided mineral interest in a tract of land in Reeves County.
- The deed was complete except that the name of the grantee was left blank.
- In February 1952, W. B. Womack delivered this deed to his brother, D. R. Womack.
- At the time of delivery, W. B. Womack orally authorized D. R. Womack to insert his own name, or any other name, as the grantee.
- The conveyance was a gift, and D. R. Womack gave no consideration for the deed.
- On November 30, 1952, W. B. Womack died testate.
- At the time of W. B. Womack's death, the grantee's name on the deed remained blank.
- Under W. B. Womack's will, the property would have passed to his wife, Louise S. Womack, who subsequently died and left her property to her brother, Harold Stegner.
Procedural Posture:
- D. R. Womack (appellant) filed a suit in trespass to try title against Harold Stegner (appellee) in a Texas trial court.
- The case proceeded to a jury trial.
- At the close of the plaintiff's case, the defendant moved for an instructed verdict.
- The trial court granted the defendant's motion and entered a 'take nothing' judgment against the plaintiff, D. R. Womack.
- D. R. Womack, as appellant, appealed the trial court's judgment to the Court of Civil Appeals of Texas.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a grantor's delivery of a deed with the grantee's name left blank, accompanied by oral authority for the recipient to fill in the blank, transfer equitable title to the recipient at the time of delivery, even if the deed is a gift and the grantor dies before the blank is filled?
Opinions:
Majority - Hamilton, Chief Justice
Yes. When a deed with the grantee's name left blank is delivered by the grantor with the intent that title shall vest in the recipient, and the recipient is expressly authorized to insert a name as grantee, title passes with the delivery. Citing established Texas precedent like Threadgill v. Butler, the court reasoned that such a transaction vests an 'irrevocable power coupled with an interest' in the recipient. Because this power is coupled with an interest in the property itself, it is not a mere agency power and therefore does not terminate upon the grantor's death. The court also dismissed the argument that the lack of consideration was fatal, holding that a deed of gift is valid and can create the same irrevocable power. Therefore, equitable title passed to D. R. Womack at the moment of delivery, and the subsequent death of W. B. Womack before the blank was filled is immaterial.
Analysis:
This decision solidifies the Texas common law rule regarding deeds delivered with a blank grantee line, treating the oral authority to fill the blank as a powerful right that perfects the transfer of equitable title upon delivery. The court's holding clarifies two critical points: first, that this authority is an 'irrevocable power coupled with an interest' that survives the grantor's death, and second, that the rule applies equally to gratuitous transfers (gifts) as it does to commercial transactions. This provides legal certainty and reinforces the grantor's intent at the time of delivery as the determinative factor, protecting the recipient's title against subsequent events or claims from the grantor's estate.
Unlock the full brief for Womack v. Stegner