10. In such action, the court should find that title is now in

The only applicable statute is a provision in the jurisdiction's probate code which provides that any property interest which is descendible is devisable.

Last month, the school district closed its school on Blackacre and for valid consideration duly executed and delivered a quitclaim deed of Blackacre to a developer, who planned to use the land for commercial development. The developer has now brought an appropriate action to quiet title against the testator's son, the friend, and the school district.

20 years ago, a testator who owned Blackacre, a one-acre tract of land, duly delivered a deed of Blackacre «to the school district so long as it is used for school purposes.» The deed was promptly and properly recorded. Five years ago, the testator died leaving his son as his only heir but, by his duly probated will, he left «all my Estate to my friend.»

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