After executing the various deeds, J. M. Fernandez Jr. placed them in a closet

(with other valuable papers) for safekeeping until they could be physically delivered to the various grantees, including Sylvia Sheppard, when she returned to Key West. This closet was in the home that Fernandez shared with Betty DeMerritt. They were not married but lived together the final 15 years of Fernandez’s life. Shortly thereafter, Fernandez was debilitated by a stroke and became a total invalid. He never regained his health and died before Sylvia Sheppard could return to Key West to receive physical delivery of the deed personally from him. When Sylvia Sheppard did arrive in Key West, Betty DeMerritt gave her the deed. This took place two or three days after the death of Fernandez. When questioned as to why she turned the deed over to Sylvia, Betty DeMerritt stated, “I knew he wanted me to do it … because he couldn’t do it.”

She was speaking of Fernandez’s physical disability. Does Sylvia have title to the property? Was there delivery? [Kerr v Fernandez, 792 So2d 685 (Fla)]

1186 Part 8 Real Property and Estates AppendixLO1