Taylor and Scott, an unmarried couple, purchased a condominium as tenants in common and lived in the condominium for three years. Subsequently, they made a verbal agreement that, on the death of either of them, the survivor would own the entire condominium, and, as a result, they decided they did not need wills. Two years later, Taylor and Scott were involved in the same automobile accident. Taylor was killed immediately. Scott died one week later. Both died intestate. Taylor's sole heir is his brother, Mark. Scott's sole heir is her mother, Martha. Mark claimed one-half of the condominium, and Martha claimed all of it. The jurisdiction has no applicable statute except for the Statute of Frauds; nor does it recognize common law marriages. In an appropriate action by Martha claiming the entire ownership of the condominium, the court will find that
Martha owns the entire interest because Taylor and Scott did not make wills in reliance upon their oral agreement. Martha owns the entire interest because she is entitled to reformation of the deed to reflect the verbal agreement. Mark and Martha each own an undivided one-half interest because Taylor and Scott each died as the result of the same accident. Mark and Martha each own an undivided one-half interest because the Statute of Frauds applies
Question: Taylor and Scott, an unmarried couple, purchased a condominium as tenants in common and lived in the condominium for three years. Subsequently, they made a verbal agreement that, on the death of either of them, the survivor would own the entire condominium, and, as a result, they decided they did not need wills. Two years later, Taylor and Scott were involved in the same automobile accident. Taylor was killed immediately. Scott died one week later. Both died intestate. Taylor's sole heir is his brother, Mark. Scott's sole heir is her mother, Martha. Mark claimed one-half of the condominium, and Martha claimed all of it. The jurisdiction has no applicable statute except for the Statute of Frauds; nor does it recognize common law marriages. In an appropriate action by Martha claiming the entire ownership of the condominium, the court will find that
A. Martha owns the entire interest because Taylor and Scott did not make wills in reliance upon their oral agreement.
B. Martha owns the entire interest because she is entitled to reformation of the deed to reflect the verbal agreement.
C. Mark and Martha each own an undivided one-half interest because Taylor and Scott each died as the result of the same accident.
D. Mark and Martha each own an undivided one-half interest because the Statute of Frauds applies
Answer: