Escrow

' An instrument delivered to a third person to hold till some condition is performed by the proposed grantee. A scrowl or writing not to take effect as a "deed" till the condition is performed.* As defined by the common law, a written instrument delivered to a third person to take effect upon the happening of a contingency. Originally applied to a deed; then to written contracts generally." Nothing passes unless the condition is performed. There can be no delivery, as an escrow, to the grantee himself. When justice requires, it may take effect by relation back to the first delivery.'

See DELrvERT, 4.