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14. In an appropriate lawsuit to which the woman, the best friend, and the cousin are parties, who should be adjudged to have the right to immediate possession?
Administration of the owner's estate has been completed. The best friend claims the immediate right to possession of Greenacre. The cousin also asserts a right to immediate possession.
«I devise Greenacre to my best friend for her natural life and from and after her death to my cousin, his heirs and assigns, forever.»
15 months ago, the owner died, leaving a will that has been duly admitted to probate. The will, inter alia had the following provision:
The owner of Greenacre, a tract of land, owned it in fee simple. Five years ago, he executed and delivered to a woman an instrument in the proper form of a warranty deed that conveyed Greenacre to the woman «for and during the term of her natural life.» No other estate or interest or person taking an interest was mentioned. The woman took possession of Greenacre and has remained in possession.
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B is incorrect. The owner's will was the final expression of his intent, that fact does not alter the woman's life estate in any way, it simply determines where the land goes after she dies
C is incorrect. The woman's life estate is measured by her own life, not the owner's.
D is incorrect. The owner's death does not terminate the life estate, because the life estate was not measured by the life of the owner.