While hospitalized, Marsh asked her attorney to draw a deed conveying her home to her son, Simon. While Marsh remained in the hospital, the deed was drawn, properly executed, and promptly and properly recorded. On being informed of the existence of the deed, Simon told his mother, "I want no part of the property; take the deed right back." Marsh recovered and left the hospital, but shortly thereafter, before any other relevant event, Simon died intestate. Marsh brought an appropriate action against Simon's heirs to determine title. If Marsh wins, it will be because
the court will impose a constructive trust to carry out the intent of the deceased son. the presumption of delivery arising from the recording is not valid unless the grantee has knowledge at the time of the recording. Simon's declaration was a constructive reconveyance of the land. there was no effective acceptance of delivery of the deed.