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2. In this action, who should prevail?
The woman then returned from Kenya and learned what had happened. The woman brought an appropriate action against the wife, who claimed a one-half interest in Blackacre, seeking a declaratory judgment that she, the woman, was the sole owner of Blackacre.
Shortly thereafter, the man was killed in an automobile accident. His will, which was duly probated, specifically devised his one-half interest in Blackacre to his wife.
Two friends, a man and a woman, owned a large tract of land, Blackacre, in fee simple as joint tenants with right of survivorship. While the woman was on an extended safari in Kenya, the man learned that there were very valuable coal deposits within Blackacre, but he made no attempt to inform the woman. Thereupon, the man conveyed his interest in Blackacre to his wife who immediately reconveyed that interest to the man. The common law joint tenancy is unmodified by statute.
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B is incorrect. The man's inter vivos conveyance, not his will, severed the tenancy.
C is incorrect. Once a joint tenancy has been severed it cannot be re-established until the four unities have been satisfied.
D is incorrect. The man had no fiduciary duty to the woman.