Property

sorry girl.

true

t/f: merely pursing an animal does not give one a legal right to it

A fee simple estate because the will devisised the land to my son and his heirs

In her will, a mother devised a tract of land that she owned outright to her only child. The devising clause read as follows, “to my son and his heirs” at the time of the mother’s death the son had an infant child. Unfortunately the child died at the age of six. Currently the son is alive, but he is unmarried and without living relatives. Under the intestacy law of the applicable jurisdiction, property owned by an individual who dies unmarried and without a living relative escheats to the state. What is the sons ownsership interest?

ordinary negligence/ ordinary care

A couple was moving to a new city. They contracted with a moving company to pack and transport their belongings to a new home for 3,000. They paid the company 1500 upfront. When the workers from the moving company arrived at their current hoem, the couple allowed the workers to load the boxes on a truck. The workers then transported the boxes and unloaded. The couple gave the workers the remaining money. The following day, upon unpacking a box of crystal the couple discovered the crystal was broken and none of it was salvageable.

If the couple sues the moving company in a negligence action to recover the value of the broken crystal, what standard is applied to the moving company;s conduct?

The student, because he reduced the idea of the Z-QUE to practice

a graduate student working on his degree in physics created a model called a Z-QUE. Without obtaining a patent the student published his work in a widely read journal. A different research group announced that is had filed a patent application. The research group had not yet reduces the device to practice or provided data sufficient to enable others to do so because the research group has not conducted any preliminary experiments.

For a patent to be granted, patent law requires the patent to be able to teach a researcher of “ordinary skill” how to make the invention without undue experimentation.

If the law of capture were applied to these circumstacnes, who would own the device?

vested remainder for life, contingent remainder in fee simple.

An individual owned a tract of land in fee simple absoloute. She devised the land to my spouse for life, and when he dies to my daughter for life, and then to her children and their heirs. The indiivudal is survived by her spouse and daughter.

What described the current ownership interest in the tract of land held by the daughter and her descendants.

vested remainder

not subject to any condition precedent AND held by a real person

contingent remainder

subject to some condition precedent other than natural termination of the prior estate OR held by unascertainable beneficiary

The violinist, because he did not transfer possession of the violin to the security guard who otherwise had no ride to it.

A violnist stole a violin from a theatre company. The violinist began playing the violin at orchestra performances at a local concert hall. After the violin fhas been used for a year, it was stolen. The violinist suffered severe emotional distress from the loss. Shortly after, the violnist learns the security guard had taken the violin. The violinist has filed a replevin aciton against the security guard seeking the return of the violin. The applicable statute of limitiations for adverse possession of personal property is 5 years.

For whom should the court rule?

Replevin action

allows the plaintiff to reclaim possession of personal property that has been wrongfully seized as long as they show they were wronfgully deprived and their right is superior to the defendant's.

The daughter has a vested remainder in fee simple subject to complete divestment, and the nephew has a shifting executory interest in fee simple.

a landowner transferred his property via a deed. The deed read, to my spouse for life, then to my daughter, but if she dies without children, to my nephew and his heirs. the deed identified them by name. At the landowners death, he is survived by his spouse, childless daughter and childless nephew. The landownerd all of his real property intersts to his brother.

What accureactly reflects the ownership of the future interst in the land

The hunter, because she was mentally incapacitated for 18 months.

Hunter brought two rifles out to hunt. The hunter was driving and got into an accident and was mentally incapacitated for 18 months. The hunters friend never went back for her stuff. The day after the accident a man foudn the bow and arrows in the brush. For the next 4 years the hunter saw the sportsman using the bow and arrow. The hunter approached the sportsmen and demanded he return them

The jurisdiction has a three year statute of limitations for adverse possession of chattels

Who will prevail?

causa mortis

valid if the doner acted in contemplation of imminent death (illness) not ouut of mere abstract fear of death

clearly express intent, clearly describe gift, sign the document, pass the writing out of her control with intention.

to deliver a gift in writing:

symbolic delivery

doner gives donee an object that is symbolic of the gift.

same time, same document, same share, same right of possession

How to create a JT

subsequent possessor

Person who found the item

abandonments

true owner always wins except

subsequent possessors

prior possessors will win against

Lost

the owner involuntarily loses possession of the item

Mislaid

the owner intentionally places the item somewhere, then later forgets where it is

Abandoned

true owner must have intent to ___ the item.

Embedded

the item of personal property has been buried or has become physically connected to the land

Treasure trove

Gold, silver, bullion, coins buried in the earth

during life

inter vivos

intent, delivery, acceptance

IDA gift elements

donee must accept

acceptance element of a gift

future interest in fee simple absolute

if the first future interst in fee simple absolute is a vested remainder…

A has a life estate, Bs children have a contingent remainder in FSA, o has a reversion in FSA

to A for life, then to B’’s children- A and B are alive and B has no children

A has a life estate o has a reversion in fsa

O grants blackacre to a for life

school board has FSD o has possibility of reverter in FSA

O grants blackacre to the school board so long used for school purposes

Disabling restraints

Denies the grantee of the property the power to alienate the property

promissory restraints

the grantee promises not to alienate the property

forfeiture restraints

the grantee will forfeit the property if the grantee attempts to alienate the property

disabling, promissory, forfeiture

categories of restraint in alienability

partial restraint

to A but any transfer by A to any member of his mother’s family will be null and void- what kind of restraint

total restraint

A does not have the power to transfer the property to any other person- what type of restraint