Auxilio wrote:Yeah, we've discussed a lot of them--post away.Findedeux wrote:Can we post Themis questions on here?
I just did practice test 4 and I really don't understand one of the quesitons.
I really don't understand this question.
Can anyone explain?
Question 981
In 1960, the owner in fee simple absolute conveyed Stoneacre, a five-acre tract of land. The relevant, operative words of the deed conveyed to a church "for the life of my son and from and after the death of my said son to all of my grandchildren and their heirs and assigns in equal shares; provided" the church "shall use the premises for church purposes only." In an existing building on Stoneacre, the church immediately began to conduct religious services and other activities normally associated with a church. In 1975, the church granted to a contractor a right to remove sand and gravel from a one-half acre portion of Stoneacre upon the payment of royalty. The contractor has regularly removed sand and gravel since 1975 and paid royalty to the church. The church has continued to conduct religious services and other church activities on Stoneacre. All four of the living grandchildren of the original owner, joined by a guardian ad litem to represent unborn grandchildren, instituted suit against the church and the contractor seeking damages for the removal of sand and gravel and an injunction preventing further acts of removal. There is no applicable statute.
Which of the following best describes the likely disposition of this lawsuit?
Answers:
The plaintiffs should succeed, because the interest of the church terminated with the first removal of sand and gravel.
You Selected: The church and the contractor should be enjoined, and damages should be recovered but impounded for future distribution.
The injunction should be granted, but damages should be denied, because the original owner and the son are not parties to the action.
Damages should be awarded, but the injunction should be denied.
Rationale:
Answer choice B is correct. The church has a life estate in Stoneacre, which is limited by the life of the son and subject to the condition subsequent that the church utilizes the premises for church purposes only. Answer choice B is correct because removal of sand and gravel is not an activity normally associated with a church, and in doing so the church violated its duty not to commit waste. Because title only automatically terminates when the son dies, and there is nothing to indicate the son died, unless the owner affirmatively demonstrated an intent to terminate when non-church activity occurred, answer choice A is incorrect. Answer choice C is incorrect because the son is not a remainderman and the original owner is not a grantor with a reversionary interest. Answer choice D is incorrect because any remainderman or grantor with a reversionary interest may seek an injunction to prevent waste.