Bar Exam (US) Property: Wilson, being fee simple owner of Blackacre, devised it to his daughter,...

Question

Wilson, being fee simple owner of Blackacre, devised it to his daughter, Jennifer, and her husband, Brad, as tenants by the entirety. Jennifer and Brad took immediate possession of Blackacre and lived there with their children, Beth and Jeffrey. Thereafter, Brad died in an automobile accident. In 1952, two years after her father's death, Beth moved to another state.

Jeffrey lived with his mother on Blackacre until her death intestate in 1960. He continued in exclusive possession of Blackacre until his death in 1981. In his will, Jeffrey devised Blackacre to the Boy Scouts of America. Jeffrey was unaware that Beth was still alive and that title to Blackacre had descended to the two of them as their mother's sole surviving heirs. Since his mother's death in 1960, Jeffrey has held himself out as the owner of Blackacre, maintaining it and paying all of the taxes on the property. Beth has not communicated with either her mother or Jeffrey since her redomiciling in 1952. The jurisdiction in which Blackacre is located has a 20-year limitation period for the acquisition of property by adverse possession.

What interest, if any, does Beth have in the property?

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

  1. A
    Correct Answer
    none, because of her own laches
  2. B
    Correct Answer
    none, because Jeffrey acquired title to Blackacre by adverse possession
  3. C
    Correct Answer
    an undivided one-half interest because Jeffrey's possession was not adverse to Beth's title
  4. D
    Correct Answer
    an undivided one-half interest because the 2-year limitation period did not run against her since she was unaware of Jeffrey's exclusive possession
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