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MMLU / A widow was the owner in fee simple of an apartment building. The widow drafted…

Problem

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

question

A widow was the owner in fee simple of an apartment building. The widow drafted a will by which she devised the apartment building to her granddaughter with residue to her friend and her assistant. One year later, the granddaughter died intestate and was survived by her son who was her sole heir at law. This jurisdiction has the following statute in effect:"If a devisee of a grandparent or lineal descendant of a grandparent dies at the time of execution of the will or fails to survive the testator, the issue of the deceased person shall take the decedent's share under the will. "The widow then died and her will was admitted to probate. A dispute arose among the friend, the assistant, and the son regarding ownership of the apartment building. Is the son entitled to any share or interest in the apartment building?

choices

  1. Yes, because under the anti-lapse statute, the granddaughter's interest passes to her son.
  2. Yes, because rules relating to lapse of class gifts do not apply to specific devises.
  3. No, because intestate succession is inapplicable to devolution of title to specific devisees.
  4. No, because the granddaughter predeceased the widow, title to the apartment building passes to the friend and assistant under the residuary clause of the will.

subject

professional_law

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Source and history

task_id
f08b01ba-37ae-5974-9e58-bd76ca0d2a68
task_key
all--test--f08b01ba-37ae-5974-9e58-bd76ca0d2a68
task_revision_id
1
config / split
all / test

Official source

initial import