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4. Title to Blackacre is now in
There is no statute dealing with conveyances to dead persons.
Shortly thereafter, the mother learned that the best friend (her son) had been killed in an accident at sea one week before the delivery of the deed. The best friend's will, which has now been duly probated, leaves his entire estate to First Church. His mother is the sole heir-at-law of the best friend.
At a time when the best friend was serving overseas with the United States Navy, the owner decided to sell Blackacre and spoke to his best friend's mother. Before the best friend sailed, he had arranged for his mother to become a joint owner of his various bank accounts so that she would be able to pay his bills when he was gone. When she heard from the owner, the best friend's mother took the necessary funds from the best friend's account and paid the owner $20,000, the fair market value of Blackacre. The owner executed and delivered to the best friend's mother a deed in the proper form purporting to convey Blackacre to the best friend. The mother promptly and properly recorded the deed.
The owner of Blackacre had promised his best friend that, if at any time the owner decided to sell his summer cottage property known as Blackacre, he would give his best friend the opportunity to purchase Blackacre.
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A valid deed needs (i) to be in writing and signed by the grantor; (ii) unambiguously identify the land; (iii) adequately identify the parties; and (iv) evidence an intention to transfer the property. In order for a deed to be valid, it must correctly identify the parties, and it is void if it fails to do so. If the grantee listed on the deed is dead at the time the deed is delivered, the deed is deemed not to identify the parties correctly, and therefore to be void. A deed to a dead person does not convey good title and is void.
D is correct. In this case, the facts tell us that the best friend died a week before delivery of the deed, thus the transaction was incomplete while he was alive. The fact that the owner and the best friend's mother were unaware of the best friend's death is irrelevant. Also irrelevant to the question is whether the mother accepted delivery of the deed. The mother was acting as an agent of the best friend, and never intended to possess Blackacre, so she could not have accepted delivery of Blackacre.
A is incorrect. As explained above, deeds must be in writing, signed by the grantor, and adequately identify the parties and the land. Here, no title passed to the best friend and therefore could not have passed on to the beneficiaries of his estate.
B is incorrect. As explained above, the best friend never had title, because he died before the deed was conveyed to him. However, even if he had been alive at the time of conveyance so that the deed could have validly given him title to Blackacre, the mother still would not have an interest in Blackacre. The best friend's will left all of his property to the church.
C is incorrect. Even though the transaction was void, the owner cannot keep the consideration that has already been paid.