Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
5. In such action, judgment should be for
The only evidence introduced consisted of the chain of title under which the owner held, the probated will, the recorded deed, the fact that no person knew about the deed except the owner and his lawyer, and the conversation the owner had with his lawyer described above.
The owner died suddenly and unexpectedly a week later, leaving a will that bequeathed and devised his entire estate to a friend. After probate of the will became final and the administration on the owner's estate was closed, the friend instituted an appropriate action to quiet title to Blueacre and properly served as defendant each Protestant church situated in the county.
A landowner owned Blueacre, a valuable tract of land located in York County. The owner executed a document in the form of a warranty deed of Blueacre, which was regular in all respects except that the only language designating the grantees in each of the granting and habendum clauses was: «The leaders of all the Protestant Churches in York County.» The instrument was acknowledged as required by statute and promptly and properly recorded. The owner told his lawyer, but no one else, that he had made the conveyance as he did because he abhorred sectarianism in the Protestant movement and because he thought that the leaders would devote the asset to lessening sectarianism.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
Every deed should contain the following information:
An indication that it is a deedA description of the property involvedThe signature of the individual or entity that is transferring the propertyData regarding who is taking title to the propertyAs deeds do not require much information, the document itself is often very short. However, the document may also contain additional information such as the conditions or assurances that go along with the transfer. Each deed must also be validly delivered to the individual taking ownership of the property. In most situations, it should also be filed with the appropriate authority as well. Every real property transfer will require the use of some type of deed. It is important to use the legal description of the property for the deed so that it can be recorded accurately.
A is correct. A deed must unambiguously identify the land and the parties to transfer title. A grant to «the leaders of all the Protestant Churches in York County» is simply too broad and vague to adequately identify the intended grantees. Therefore, the deed will not transfer title, and the friend will take Blueacre under the will.
B is incorrect. A deed is not effective to transfer an interest in realty unless it has been delivered. Physical transfer of a deed is not required for a valid delivery. Delivery refers to the intent of the grantor to transfer the interest. Delivery is presumed if the deed is recorded.
C is incorrect. No deed is valid unless it contains the information discussed above. A deed will only be considered valid if it complies with the requisite formalities.
D is incorrect. Although recording does establish a presumption of delivery, the deed is still invalid because it failed to unambiguously identify the grantees.