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Something of an air of mystery and fiction pervades the subject of escrows and obscures the question how far the transfer of title by absolute deed may be suspended by parol conditions imposed on the delivery. The desired effect of an escrow might, in many cases, be more safely attained by writing the express condition precedent upon the face of the deed. The instrument could then be delivered direct to the grantee. Such express condition might be an event certain to occur, as the death of the grantor, or an uncertain one, as the payment of the purchase price. If the condition is sure to happen, the interest of the grantee would be either a vested remainder or a certain executory interest; if uncertain, the interest given would be a contingent executory future interest." The objection to inserting such conditions precedent in deeds is of course that of introducing uncertainty into the record title and the danger of casting a cloud on the

Delivery in Escrow and the Parol Evidence Rule