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MMLU / A lady owns a house in fee simple absolute, which she devises to her cousin, in…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A lady owns a house in fee simple absolute, which she devises to her cousin, in trust for her grandchild, for her grandchild's life, and then to the children appointed in a will by her grandchild. If there is no such appointment in a will, in equal shares to any surviving children of her grandchild. When the grandchild dies, she is in debt. Can the creditors attach the house?

choices

  1. Yes, because of the rule in Shelly's case.
  2. No, because when property is put in a trust through a donee's special power of appointment, creditors cannot reach the funds.
  3. Yes, because the will is invalidated by the rule of sequential appointments, and the grandchild does not take at all.
  4. No, because the will as written violates the rule against perpetuities, and reconstructed, the funds revert to the original owner or her heirs.v

subject

professional_law

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Source and history

task_id
8fd1e978-d1fb-5ea6-bc4d-ee5cc4dc763a
task_key
all--test--8fd1e978-d1fb-5ea6-bc4d-ee5cc4dc763a
task_revision_id
1
config / split
all / test

Official source

initial import