Question
The owner of a parcel of land told his niece that he was giving his land to her. He had his attorney prepare a warranty
The owner of a parcel of land told his niece that he was giving his land to her. He had his attorney prepare a warranty deed in the proper form conveying the property to his niece, and he signed the deed and had it notarized. He died that evening with the deed still in his possession. His will conveyed his real property to his nephew.
As between the nephew and the niece, who has superior rights to the land?
A. The nephew, because the owner's possession of the deed at his death eestablishes a presumption of nondelivery.
B. The nephew, because he was the devisee of the owner's real property under the owner's will.
C. The niece, because a deed may be delivered without an act of physical transfer.
D. The niece, because the doctrine of equitable conversion requires the nephew to transfer the property to the niece.
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