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28. Blackacre is now owned by
Last month, the widower died, never having remarried. His child is his only heir.
The only possibly applicable statute in the jurisdiction states that any deed will be construed to convey the grantor's entire estate, unless expressly limited.
Three years ago, the widower executed and delivered to a buyer an instrument in the proper form of a warranty deed, purporting to convey Blackacre to «[the buyer].» The child did not join in the deed. The buyer was and still is unmarried and childless.
Six years ago, the owner of Blackacre in fee simple executed and delivered to a widower an instrument in the proper form of a warranty deed, purporting to convey Blackacre to «[the widower] and his heirs.» At that time, the widower had one child.
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A is incorrect. There is nothing in the facts indicating that the buyer had a life estate.
C is incorrect. The widower conveyed the entire interest of Blackacre to the buyer. There is no interest left for the child to share as a tenant in common, because the widower conveyed Blackacre in fee simple to the buyer.
D is incorrect. There are no restrictions on the widower's right to re-convey the land, his conveyance to the buyer in fee simple will be upheld, and the child has no rights in the property. The widower held Blackacre in fee simple and was free to convey it as he wished.