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51. Is the executor correct?
The executor of the woman's estate has asserted that the nephew has no interest in the home.
Several years later, when the nephew was still unmarried, the woman died testate, leaving her entire estate to her sister.
A woman executed and delivered to her unmarried nephew a warranty deed conveying her home to him «on the date of his marriage.» The nephew promptly recorded the deed.
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A is incorrect. The nephew's act of recording the deed before the woman's death provided constructive notice to others of his interest but would have had no effect on the interest. The nephew received a springing executory interest, and the woman held a fee simple subject to executory limitation.
C is incorrect. The nephew received a future interest that will vest when he marries. The woman's death did not invalidate the nephew's springing executory interest.
D is incorrect. The nephew received a springing executory interest. The warranty deed did not require the nephew to marry before the death of the woman in order to make his interest valid.