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

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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

choices

  1. denied, because the Rule would not be triggered, thus creating only a life estate in the nephew.
  2. granted, because the remainder in his heirs would become vested into a full fee in those heirs.
  3. granted, because the nephew's heirs receive a vested indefeasible interest in the property.
  4. denied, because under the Doctrine of Worthier Title, at the termination of the nephew's life estate, the grantor has a reversionary interest.

subject

professional_law

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Source and history

task_id
3b19929a-76c7-5c53-b919-a48c8dc8c2ec
task_key
all--test--3b19929a-76c7-5c53-b919-a48c8dc8c2ec
task_revision_id
1
config / split
all / test

Official source

initial import