Page:United States Statutes at Large Volume 76A.djvu/190

–94– -94§ 593. Transfer of other personal property by sale The mode of transferring other personal property by sale is regulated by chapter 45 of this title. § 594. Necessity for delivery A grant takes eflfect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. § 595. Date of delivery A grant duly executed is presumed to have been delivered at its date. § 596. Delivery as necessarily absolute A grant cannot be delivered conditionally to the grantee. Delivery to him, or to his agent, as such, is necessarily absolute, and the instrument takes effect thereupon, discharged or any condition on which the delivery was made. § 597. Delivery in escrow A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is an escrow. § 598. Constructive delivery Though a grant is not actually delivered into the possession of the grantee, it is constructively delivered where it is: (1) by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or (2) delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed. Subchapter III—Interpretation of Grants § 621. Interpretation as contracts Except as otherwise provided in this subchapter, grants shall be interpreted in like manner as contracts in general. § 622. Limitation in grant A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. § 623. Recourse to recitals If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction. § 624. Interpretation against grantor; exceptions (a) Except as provided by subsection (b) of this section, a grant shall be interpreted in favor of the grantee. (b) A reservation in a grant, and a grant by a public officer or body, as such, to a private party, shall be interpreted in favor of the grantor. § 625. Irreconcilable provisions If several parts of a grant are absolutely irreconcilable, the former part prevails. § 626. ''Heirs" and "issue** in certain remainders Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, those words mean successors, or issue living at the death of the person named as ancestor.

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