Anna entered a hospital to undergo surgery and feared that she might not survive. She instructed her lawyer by telephone to prepare a deed conveying Blackacre, a large tract of undeveloped land, as a gift to her nephew, Bernard, who lived in a distant state. Her instructions were followed, and, prior to her surgery, she executed a document in a form sufficient to constitute a deed of conveyance. The deed was recorded by the lawyer promptly and properly as she instructed him to do. The recorded deed was returned to the lawyer by the land record office, Anna, in fact, recovered from her surgery and the lawyer returned the recorded deed to her. Before Anna or the lawyer thought to inform Bernard of the conveyance, Bernard was killed in an auto accident. Bernard's will left all of his estate to a satanic religious cult. Anna was very upset at the prospect of the cult's acquiring Blackacre. The local taxing authority assessed the next real property tax bill on Blackacre to Bernard's estate. Anna brought an appropriate action against Bernard's estate and the cult to set aside the conveyance to Bernard. If Anna loses, it will be because 
the gift of Blackacre was inter vivos rather than causa mortis. the showing of Bernard's estate as the owner of Blackacre on the tax rolls supplied what otherwise would be a missing essential element for a valid conveyance. disappointing Bernard's devisee would violate the religious freedom provisions of the First Amendment to the Constitution. delivery of the deed is presumed from the recording of the deed.
Question: Anna entered a hospital to undergo surgery and feared that she might not survive. She instructed her lawyer by telephone to prepare a deed conveying Blackacre, a large tract of undeveloped land, as a gift to her nephew, Bernard, who lived in a distant state. Her instructions were followed, and, prior to her surgery, she executed a document in a form sufficient to constitute a deed of conveyance. The deed was recorded by the lawyer promptly and properly as she instructed him to do. The recorded deed was returned to the lawyer by the land record office, Anna, in fact, recovered from her surgery and the lawyer returned the recorded deed to her. Before Anna or the lawyer thought to inform Bernard of the conveyance, Bernard was killed in an auto accident. Bernard's will left all of his estate to a satanic religious cult. Anna was very upset at the prospect of the cult's acquiring Blackacre. The local taxing authority assessed the next real property tax bill on Blackacre to Bernard's estate. Anna brought an appropriate action against Bernard's estate and the cult to set aside the conveyance to Bernard. If Anna loses, it will be because 
A. the gift of Blackacre was inter vivos rather than causa mortis.
B. the showing of Bernard's estate as the owner of Blackacre on the tax rolls supplied what otherwise would be a missing essential element for a valid conveyance.
C. disappointing Bernard's devisee would violate the religious freedom provisions of the First Amendment to the Constitution.
D. delivery of the deed is presumed from the recording of the deed.
Answer: