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MMLU / A widower was the owner in fee of a 10-acre quarry. On August 1, the widower…

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question

A widower was the owner in fee of a 10-acre quarry. On August 1, the widower handed his friend a deed conveying the quarry to his niece and said to the friend, "Give this to my niece. " Unknown to the widower, the niece was in Africa. The next week, the friend properly recorded the deed with the Recorder's Office. One month later, the widower died, and in his will he devised the quarry to his daughter. Thereafter, the niece returned from Africa, and a dispute arose between the niece and the daughter regarding ownership of the quarry. In a suit to quiet title to the quarry, the court ruled in favor of the niece. The ruling was most likely based upon which of the following?

choices

  1. There was an effective "causa mortis" gift.
  2. The delivery was effective when the widower handed the deed to the friend.
  3. The delivery was effective when the friend recorded the deed.
  4. The deed was recorded before the devise was effectuated.

subject

professional_law

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