Thomas wanted to give his home to his brother, Ben. In 1995, Thomas executed a warranty deed conveying the home to Ben. Thomas then wrote a letter to Ben saying, "Dear Ben, My home is now yours." He put the letter and deed in an envelope and wrote the following on the outside of the envelope: "Kenneth, you are to give this deed to my brother, Ben, when I die. Until then, you should safeguard this envelope and the documents inside. Signed Thomas." Thomas delivered these items to his cousin Kenneth and continued to live in his home by himself. In 1997, Thomas executed a will leaving all of his property to his sister Sally. Thomas died in January 2004 . Shortly thereafter, Kenneth delivered the envelope containing the deed to Ben, who promptly recorded the deed. Thomas's will has been admitted to probate and Xavier is the executor. Xavier has brought an appropriate action against Ben to determine the title to Thomas's home. The court should rule:
A. For Sally, because the deed was not effectively delivered before Thomas died.
B. For Sally, because the deed was not recorded before the grantor died.
C. For Ben, because the deed effectively conveyed title when it was executed.
D. For Ben, because Thomas no longer owned his home when he died.
Choose A, B, C or D as your solution.
D