The intention is to be taken for the deed.

Explanation

Where the intent to execute a deed is clearly established but formal completion is prevented by death or other cause, equity may treat the intention as equivalent to the act.

Where this applies

• A dying man writes a will leaving his farm to his daughter but dies before a witness can sign it — equity may treat his clearly expressed intent as if the will were properly executed.
• A landowner fills out a deed transferring property to a charity but suffers a stroke before delivering it; the court may honor the transfer because her intention was unmistakable.
• A father signs adoption papers but dies before the court can finalize the proceeding — the court treats his clear intent to adopt as equivalent to the completed act.