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MULTIPLE-CHOICE QUESTIONS

  1. Assume for the purpose of this question only that Equis, a resident of Green Hills, began keeping horses in his yard. If his neighbor, Ralph, commences a proceeding in which he seeks an order preventing Equis from keeping horses, the court should find for

(A) Equis because the zoning law permits the keeping of horses.

(B) Equis only if keeping horses is part of ordinary residential use.

(C) Ralph because of the language in Equis’s deed which prohibits the keeping of horses.

(D) Ralph only if keeping horses is a nuisance.

Questions 24-25 are based on the following fact situation.

Olsen conveyed a parcel of realty “to Geller so long as liquor is not sold on the premises, but if liquor is sold on the premises, to the Foundation for Hereditary Diseases.” Two years later, Geller began selling liquor on the premises.

  1. Which of the following best describes Geller’s interest in the realty on the day before he began selling liquor on the premises?

(A) void, since the interest of the Foundation for Hereditary Diseases could have vested more than 21 years after the death of all persons who were in being at the time of the conveyance.

(B) fee simple absolute.

(C) fee simple determinable, since Geller’s interest will terminate if liquor is ever sold on the premises.

(D) fee simple subject to a condition subsequent, which will ripen into a fee simple absolute if liquor is not sold during a period measured by a life or lives in being plus twenty-one years.

  1. Which of the following best describes the interest of the Foundation for Hereditary Diseases in the realty on the day after Geller began selling liquor on the premises?

(A) fee simple absolute if the Foundation for Hereditary Diseases is a charity.

(B) right of re-entry.

(C) no interest, since at the time of the conveyance it was possible that the interest which the deed purported to grant to the Foundation for Hereditary Diseases would not vest within a period measured by a life or lives in being plus twenty- one years.

(D) shifting executory interest which will not become possessory until the Foundation for Hereditary Diseases takes some step to exercise its right.

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