Property Law Keyed to Cribbetback
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An unmarried couple purchased a condominium as tenants in common. Subsequently, the man and the woman made an oral agreement that, on the death of either of them, the survivor would own the entire condominium, and, as a result, they decided they did not need wills. Two years later, the man and the woman were involved in the same automobile accident. The man was killed immediately. The woman died one week later. Both died intestate. The man’s sole heir is his brother. The woman’s sole heir is her mother. The brother claimed one-half of the condominium, and the mother claimed all of it. The jurisdiction has no applicable statute except for the Statute of Frauds, and it does not recognize common law marriages.
In an appropriate action by the mother, claiming the entire ownership of the condominium, the court will find that:CorrectIncorrect
A father executed a will, devising his land “to my son and my daughter, share and share alike.” The following year, the son died intestate, leaving a child as his only heir. Subsequently, the father and the daughter were involved in a plane crash. The father died immediately. The daughter died the following week, leaving a will that bequeathed her entire estate to her husband. The jurisdiction has the following statute: ”A bequest to a descendant of the testator who predeceases the testator passes instead to the predeceasing beneficiary’s surviving descendants.”
Who owns the land?CorrectIncorrect
A landowner conveyed his land to his wife, son, and daughter “as joint tenants with right of survivorship.” The daughter then conveyed her interest to a friend. The wife subsequently executed a will devising her interest to the daughter. Then the son mortgaged his interest to a lender, who promptly and properly recorded the mortgage. The wife died, then the daughter’s friend died, leaving a will that bequeathed her entire estate to the daughter. The daughter and the son survived.
If the jurisdiction follows the title theory, who owns what interest in the land?CorrectIncorrect
A brother and a sister held record title to a home as joint tenants with right of survivorship. The brother moved out of the home shortly after conveying his interest in the home to his friend by quitclaim deed. The friend did not record his deed. Several years later, the sister died, leaving her adopted daughter as her sole heir. Shortly after the sister died, the brother asked his friend to return his deed and give up his interest in the home. The friend agreed and returned the deed, which the brother destroyed.
Who has title to the home?CorrectIncorrect