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Landowner owned Maple Farm, a 120-acre farm in Cole County. Landowner signed a warranty deed that stated, "I convey Maple Farm, my 120-acre farm in Cole County, to Neighbor." Neighbor had helped Landowner maintain the farm for many years and had told Landowner that Neighbor would gladly accept the farm if Landowner ever transferred it.
Before surgery, Landowner placed the signed deed in an envelope and handed it to Assistant. Landowner said, "Keep this in your office safe. If I do not survive surgery, give it to Neighbor. If I recover, I may tear it up." Landowner survived the surgery. Two months later, Landowner called Assistant and asked Assistant to return the envelope, but Assistant was traveling and did not return it. Landowner died unexpectedly the next week. Assistant then delivered the deed to Neighbor.
Landowner's will left all real property to Landowner's children. The children sued Neighbor to quiet title to Maple Farm. Discuss whether Neighbor owns Maple Farm. Address deed formalities, delivery, acceptance, escrow, and the effect of Landowner's death.