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Question 1
Omar became sick very suddenly and was taken immediately to the local hospital. While he was in and out of consciousness, his pastor came to visit him in the hospital. Since Omar did not have a will, his pastor convinced him to write one, leaving his assets to the church, although he had three children and eight grandchildren. If the heirs contest the will, what would be the court's decision?
Correct
Incorrect!
Correct If Omar lived in a state that recognized 'Mortmain Acts' the court could invalidate the entire will, since Omar executed a will that left all his property to the church at the last minute. If the will is invalidated, the assets would pass to Omar's heirs pursuant to the intestacy laws of his state.
Incorrect! If Omar lived in a state that recognized 'Mortmain Acts' the court could invalidate the entire will, since Omar executed a will that left all his property to the church at the last minute. If the will is invalidated, the assets would pass to Omar's heirs pursuant to the intestacy laws of his state.
Correct
Incorrect!
Question 2
Xavier leaves his estate in trust, the income to be shared equally among his three children, Renata, Irene and Portia "until my youngest grandchild reaches the age of 25." At that time, the corpus will be given to his alma mater, Northwestern University. There is no residuary provision in the will, if the above bequest fails for any reason. The trust does not violate the Rule Against Perpetuities.
Correct
Incorrect!
Correct To be valid, a gift must vest (or fail) not later than 21 years after some life or lives in being at the time of the creation of the interest. Here, the gift to Northwestern University is clearly invalid because Xavier's youngest grandchild might not be born yet at the time of his death, thereby extending the time period beyond 21 years to the time that person reaches age 25. If that happens, the eventual gift to Northwestern will be well beyond the vesting period.
Incorrect! To be valid, a gift must vest (or fail) not later than 21 years after some life or lives in being at the time of the creation of the interest. Here, the gift to Northwestern University is clearly invalid because Xavier's youngest grandchild might not be born yet at the time of his death, thereby extending the time period beyond 21 years to the time that person reaches age 25. If that happens, the eventual gift to Northwestern will be well beyond the vesting period.