Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will
prevail, because he is the sole owner of Lawnacre.  prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety.  not prevail if he had knowledge of the conveyance prior to Celeste's death. not prevail, because Paul and Donald own Lawnacre as tenants in common. 26 105. If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail? (A) Yes, because Wife and Husband entered on his land without permission. (B) Yes, because Grower had posted his property with a "No Trespassing" sign. (C) No, because Wife and Husband were confronted by an emergency situation. (D) No, because Grower used excessive force toward Wife and Husband. Questions 106 107 are based on the following fact situation. Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate. 106. In challenging the validity of the state statute, Ben's strongest argument would be that (A) there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. (B) he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need. (C) it violates the privileges and immunities clause of the Fourteenth Amendment. (D) it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity. 107. The state's strongest defense of the statute would be that (A) the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States. (B) a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination. (C) inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause. (D) its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis. 108. Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is (A) nothing. (B) a possibility of reverter. (C) a right of entry for condition broken. (D) a reversion in fee simple absolute. 109. Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will (A) prevail, because he is the sole owner of Lawnacre. (B) prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. (C) not prevail if he had knowledge of the conveyance prior to Celeste's death. (D) not prevail, because Paul and Donald own Lawnacre as tenants in commo
Question: Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will
A. prevail, because he is the sole owner of Lawnacre. 
B. prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. 
C. not prevail if he had knowledge of the conveyance prior to Celeste's death.
D. not prevail, because Paul and Donald own Lawnacre as tenants in common. 26 105. If Grower asserts a claim against Wife and Husband for damage to his plants, will Grower prevail? (A) Yes, because Wife and Husband entered on his land without permission. (B) Yes, because Grower had posted his property with a "No Trespassing" sign. (C) No, because Wife and Husband were confronted by an emergency situation. (D) No, because Grower used excessive force toward Wife and Husband. Questions 106 107 are based on the following fact situation. Ben was the illegitimate, unacknowledged child of Fred. Fred died intestate, leaving neither spouse nor any children other than Ben. The state's law of intestate succession provides that an unacknowledged illegitimate child may not inherit his father's property. The spouse, all other blood relations, and the state are preferred as heirs over the unacknowledged illegitimate child. Ben filed suit in an appropriate court alleging that the state statute barring an illegitimate child from sharing in a parent's estate is invalid, and that he should be declared lawful heir to his father's estate. 106. In challenging the validity of the state statute, Ben's strongest argument would be that (A) there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and therefore the law violates the equal protection clause. (B) he has been deprived of property without due process because his fundamental right to inherit has been compromised without a compelling state need. (C) it violates the privileges and immunities clause of the Fourteenth Amendment. (D) it is a denial of procedural due process because it does not give the unacknowledged illegitimate child an opportunity to prove paternity. 107. The state's strongest defense of the statute would be that (A) the authority of a state over the disposition of decedents' property located in the state is not affected by the Constitution of the United States. (B) a statute prescribing the means of disposing of the property of intestate decedents does not constitute invidious discrimination. (C) inheritance under intestate succession laws is a privilege, not a right, and therefore is not protected as property under the due process clause. (D) its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis. 108. Alice conveyed Twinoaks Farm "to Barbara, her heirs and assigns, so long as the premises are used for residential and farm purposes, then to Charles and his heirs and assigns." The jurisdiction in which Twinoaks Farm is located has adopted the common law Rule Against Perpetuities unmodified by statute. As a consequence of the conveyance, Alice's interest in Twinoaks Farm is (A) nothing. (B) a possibility of reverter. (C) a right of entry for condition broken. (D) a reversion in fee simple absolute. 109. Lawnacre was conveyed to Celeste and Donald by a deed which, in the jurisdiction in which Lawnacre is situated, created a cotenancy in equal shares and with the right of survivorship. The jurisdiction has no statute directly applicable to any of the problems posed. Celeste, by deed, conveyed "my undivided onehalf interest in Lawnacre" to Paul. Celeste has since died. In an appropriate action between Paul and Donald in which title to Lawnacre is at issue, Donald will (A) prevail, because he is the sole owner of Lawnacre. (B) prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety. (C) not prevail if he had knowledge of the conveyance prior to Celeste's death. (D) not prevail, because Paul and Donald own Lawnacre as tenants in commo
Answer: