Bar Exam (US) Property: On January 1, 1979, Barnes entered into an agreement of sale to convey h...

Question

On January 1, 1979, Barnes entered into an agreement of sale to convey his farm, Winterthur, to Stevens. According to the contract, settlement (or closing) was to take place on March 1, 1979. On January 15, 1979, Stevens conducted a title search on Winterthur and discovered the following transactions in Barnes' chain of title: In 1930, Smith, the record owner of Winterthur, died and in his will he devised Winterthur to "my son, Smitty, and his heirs but if Smitty dies without issue to my daughter, Dixie, and her heirs." The next instrument of record is a deed from Smitty to "Bailey and his heirs" which was executed on July 1, 1940 and recorded on the same date.

In 1941 Bailey died and in his will he devised Winterthur to "my brother Corley for life, then to Corley's heirs." In 1950 Corley executed a general warranty deed in which he conveyed "all my right, title, and interest in Winterthur to my children, Jessie and James." James died intestate in 1955, leaving his son Butch, a four-year-old, as his only heir. Corley died in 1960 leaving Butch and Jessie as heirs.

In 1965 Butch and Jessie conveyed Winterthur by a general warranty deed to "Barnes and his heirs." Although both Butch and Jessie were married, their respectives wives did not join in the deed. Barnes has been in continuous possession of Winterthur since 1965. Smitty died on January 1, 1976 without issue and Dixie is still alive.

In March 1976, Dixie, asserting that her title was held free of any claim by Barnes, instituted suit against Barnes to quiet title to Winterthur. Judgment for

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

  1. A
    Correct Answer
    Barnes, since his prior recorded deed would be deemed to be outside Dixie's chain of title
  2. B
    Correct Answer
    Barnes, since the devise to Dixie would be violative of the Rule against Perpetuities
  3. C
    Correct Answer
    Dixie, since she acquired fee simple interest at the time of Smitty's death in January 1976
  4. D
    Correct Answer
    Dixie, since she acquired an indefeasible vested remainder under her father's will in 1930
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