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57. What advice should the attorney give the husband?
The daughter died, leaving her husband as her sole beneficiary and executor. The husband has consulted an attorney to determine the ownership of the land.
At his death, a father devised a life estate in land to his daughter and the remainder to his son. The daughter later purported to convey a fee simple absolute interest in the land by warranty deed to a purchaser in exchange for valuable consideration. The purchaser properly recorded the deed. The son then transferred his remainder interest in the land to the daughter by quitclaim deed.
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A is incorrect. The daughter purported to convey a fee interest, not a life estate pur autre vie. Further, even if a life estate were conveyed, the husband would have no claim because the daughter's life estate (and the purchaser's life estate pur autre vie) would have terminated at the daughter's death.
C is incorrect. The daughter did not purport to convey a life estate to the purchaser, and even if she had, it would have terminated at her death.
D is incorrect. Remainder interests are alienable. Thus, the incorrect statement that the remainder was not alienable is not an accurate basis for the conclusion that the son owns the land. The purchaser owns the land according to the doctrine of «estoppel by deed» or «after-acquired property.»