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52. In an appropriate action to determine the ownership of the apartment building, who will likely prevail?
There are no applicable statutes.
Before the woman could do anything about the deed, however, she died. By her duly probated will, she left all of her estate to her niece.
Unbeknownst to the woman, the man had died before she executed and recorded the deed. Under the man's duly probated will, he had devised all of his property to his wife. When the woman learned of the man's death, she said in the presence of several witnesses, «I must take back that deed, because I don't want [the man's wife] to own the apartment building.»
A woman who owned an apartment building decided to give the building to a man whose wife she did not care for. The woman signed and promptly recorded a deed properly describing the property and identifying the man by name. The deed specified that under no circumstances was the property «to ever pass to [the man's wife].»
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A is incorrect. As the deed to the man is void, it is irrelevant that the deed was recorded. Recording does not validate a void deed.
B is incorrect. The man had no interest in the land and thus could not devise any interest in the land to his wife.
C is incorrect. Because the deed is void, the woman's stated intent to take back the gift is irrelevant, as there was never a valid gift to the man.