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MMLU / In his will, a veterinarian devised his home "to my friend to whom I am…

Problem

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question

In his will, a veterinarian devised his home "to my friend to whom I am everlastingly grateful for the devoted care she has lavished on my prize Pomeranians, but if ever my dogs who survive me shall fail to receive proper care, then to my beloved son and his heirs, if he be living and own any dogs, otherwise to the American Society for the Protection of Animals. "Assuming that the Rule against Perpetuities is in effect in this jurisdiction, which of the following statements is correct regarding the son's interest under his father's will?

choices

  1. It is a contingent remainder.
  2. It is an executory interest of a shifting type.
  3. It is an executory interest of a shifting type that is void under the Rule against Perpetuities.
  4. It is an executory interest of a springing type that is void under the Rule against Perpetuities.

subject

professional_law

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Source and history

Official source

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