Otto conveyed Goldacre to "Andy, his heirs and assigns, but if Andy dies and is not survived by children by his present wife, Jane, then to Bob and his heirs and assigns." Shortly after taking possession, Andy discovered rich metal deposits on the land, opened a mining operation, and removed and sold a considerable quantity of valuable ore without giving Bob any notice of his action. Andy has no children. Andy, Jane, and Bob are all still living. Bob brought an action in equity for an accounting of the value of the ore removed and for an injunction against further removal. If the decision is for Andy, it will be because
Bob has no interest in Goldacre. the right to take minerals is an incident of a defeasible fee simple. the right to take minerals is an incident of the right to possession. there was no showing that Andy acted in bad fait
Question: Otto conveyed Goldacre to "Andy, his heirs and assigns, but if Andy dies and is not survived by children by his present wife, Jane, then to Bob and his heirs and assigns." Shortly after taking possession, Andy discovered rich metal deposits on the land, opened a mining operation, and removed and sold a considerable quantity of valuable ore without giving Bob any notice of his action. Andy has no children. Andy, Jane, and Bob are all still living. Bob brought an action in equity for an accounting of the value of the ore removed and for an injunction against further removal. If the decision is for Andy, it will be because
A. Bob has no interest in Goldacre.
B. the right to take minerals is an incident of a defeasible fee simple.
C. the right to take minerals is an incident of the right to possession.
D. there was no showing that Andy acted in bad fait
Answer: