Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Lenhart v. Desmond
Wyoming Supreme Court
705 P.2d 338 (1985)
If someone signs a deed and sets it where the recipient has access to it, then it seems like the grantor has deeded the property to the recipient.
But as the court explained in Lenhart versus Desmond, that's not necessarily so. In nineteen seventy four, Edward Desmond executed a warranty deed to his daughter Elizabeth Lenhart and put it in a safe deposit box. Desmond explained that because he was in his eighties, he executed the deed, intending for her to have the house after he died.
To accomplish that, Desmond completed a signature card giving Lenhart access to the box.
Nine years later, Desmond was injured in a car crash and hospitalized.
Lenhart assisted him and retrieved insurance documents from the safe deposit box. Desmond later discovered that the deed, which had been in the box before the accident, was missing.
Three months later, Lenhart recorded the deed. When Desmond requested that she deed the property back to him, she refused, fearing he'd mortgage the property and spend his money on booze.
Desmond sued his daughter, seeking a declaration that the deed was invalid.
At trial, Desmond testified that he intended that the residence should pass to Lenhart when he died, but not before then. Lenhart testified that Desmond physically handed her the deed. The trial court found for Desmond and declared the deed invalid.
Lenhart appealed to the Wyoming Supreme Court.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Lenhart v. Desmond
Wyoming Supreme Court
705 P.2d 338 (1985)
If someone signs a deed and sets it where the recipient has access to it, then it seems like the grantor has deeded the property to the recipient.
But as the court explained in Lenhart versus Desmond, that's not necessarily so. In nineteen seventy four, Edward Desmond executed a warranty deed to his daughter Elizabeth Lenhart and put it in a safe deposit box. Desmond explained that because he was in his eighties, he executed the deed, intending for her to have the house after he died.
To accomplish that, Desmond completed a signature card giving Lenhart access to the box.
Nine years later, Desmond was injured in a car crash and hospitalized.
Lenhart assisted him and retrieved insurance documents from the safe deposit box. Desmond later discovered that the deed, which had been in the box before the accident, was missing.
Three months later, Lenhart recorded the deed. When Desmond requested that she deed the property back to him, she refused, fearing he'd mortgage the property and spend his money on booze.
Desmond sued his daughter, seeking a declaration that the deed was invalid.
At trial, Desmond testified that he intended that the residence should pass to Lenhart when he died, but not before then. Lenhart testified that Desmond physically handed her the deed. The trial court found for Desmond and declared the deed invalid.
Lenhart appealed to the Wyoming Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: hquimbee.com/cases/lenhart-v-desmond
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/lenhart-v-desmond
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Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
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