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MMLU-Pro / 1189 / A grantor conveyed her mansion and surrounding property to her nephew "for life,…

Problem

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question

A grantor conveyed her mansion and surrounding property to her nephew "for life, remainder after (the nephew's) death to his heirs. " Two years later, the nephew entered into a real estate agreement for the sale of the property to his brother, whereby the nephew agreed to convey the premises to the brother in fee simple absolute. Prior to the settlement date, the brother contacted the nephew, telling him that he would not perform his part of the agreement because the nephew could not convey a fee simple. The Rule in Shelley's Case has been abolished by statute in this jurisdiction. Thus, the nephew's prayer for specific performance would be

category

law

options

  1. denied, because the remainder to the nephew's heirs is a contingent interest.
  2. granted, because the nephew has the right to sell his life estate.
  3. denied, because the nephew cannot convey a larger estate than he possesses.
  4. denied, because the nephew's interest is limited to his lifetime and he cannot transfer a fee simple absolute.
  5. denied, because the Rule would not be triggered, thus creating only a life estate in the nephew.
  6. granted, because the nephew's life estate combined with his vested remainder gives him a fee simple.
  7. denied, because under the Doctrine of Worthier Title, at the termination of the nephew's life estate, the grantor has a reversionary interest.
  8. granted, because the nephew's heirs receive a vested indefeasible interest in the property.
  9. granted, because the nephew has a vested remainder in fee simple absolute.
  10. granted, because the remainder in his heirs would become vested into a full fee in those heirs.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1189
task_id
b0950ba7-a278-5dd3-9cae-e41f1c704cec
task_key
default--test--1189
task_revision_id
1
config / split
default / test

Official source

initial import