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MMLU / A grantor conveyed his property to his son "for life, remainder after (the…

Problem

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question

A grantor conveyed his property to his son "for life, remainder after (the son's) death to his heirs. " Two years later, the son entered into a real estate agreement for the sale of the property to his friend, whereby the son agreed to convey the premises to his friend in fee simple absolute. Prior to the settlement date, the friend contacted the son, telling him that he would not perform his part of the agreement because the son could not convey a fee simple. If the Rule in Shelley's Case is followed in this jurisdiction, the outcome of a suit by the son for specific performance of the real estate contract would result in

choices

  1. the son's not succeeding, because he could not convey marketable title.
  2. the son's succeeding, because he had a fee simple to convey.
  3. the son's not succeeding, because his heirs have to join in the transaction in order to convey marketable title.
  4. the son's succeeding, because the son's conveyance of his life estate to the friend divested the contingent remainder of his heirs.

subject

professional_law

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