Bar Exam (US) Property: Duffy, a wealthy and devoted naturalist, owned a large and uninhabited i...

Question

Duffy, a wealthy and devoted naturalist, owned a large and uninhabited island just a short distance off shore in Balboa Lake in the state of Dakota. Duffy permitted no pesticides or hunting on the island, and over the course of his life had bought several quite rare species of animals native to Dakota and turned them loose on the island. Among these was a magnificent albino ocelot.

Duffy lived in a large Tudor-style mansion that his grandfather, Dudley Duffy, built in 1902. Since the time the mansion was built, it has passed from father to son. In 1993, Duffy informed his attorney that he wishes to transfer ownership of the island to his daughter, Dawn. During the consultations with his attorney, Duffy indicated that he wanted the following restrictions incorporated in the instrument of conveyance: (1) all use of the island's land must be restricted to residential, non-commercial purposes; (2) no hunting of animal life on the island shall be permitted and reasonable efforts should be made to preserve the albino ocelot species; (3) the Tudor-style mansion should be repaired as needed but must never be torn down or demolished; and (4) the mansion shall never be any color except pink, the color it has been since it was built at the turn of the century.

Furthermore, Duffy told his attorney that he wanted to prevent Dawn from selling, mortgaging, or otherwise encumbering the land within Dawn's lifetime. Lastly, Duffy remarked to his attorney, "I want to keep things as simple and plain as possible; but I flat out don't want you setting up any type of trust arrangement."

Regardless of which legal device is used in the preceding question, which of Duffy's objectives is LEAST likely to be upheld?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    restriction to use of the island for residential purposes
  2. B
    Correct Answer
    restriction prohibiting the hunting of animals on the island
  3. C
    Correct Answer
    restriction requiring the mansion to be painted only the color of pink
  4. D
    Correct Answer
    restriction on the sale, mortgage, or other encumbrance on the land
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