Thursday, June 5, 2008

Oh what a joy... studying for the Bar Exam



This is the only sad picture I could find (in the nearly non-existent free time I have) to reflect my mood-- and Chris is vicariously sad.

Arnold and Beverly owned a large tract of land, Blackacre, in fee simple as joint tenants with rights of survivorship. While Beverly was on an extended safari in Kenya, Arnold learned that there were very valuable coal deposits within Blackacre, but he made no attempt to inform Beverly. Thereupon, Arnold conveyed his interest in Blackacre to his wife, Alice, who immediately reconveyed that interest to Arnold. The common-law joint tenancy is unmodified by statute. Shortly thereafter, Arnold was killed in an automobile accident. His will, which was duly probated, specifically devised his one-half interest in Blackacre to Alice. Beverly then returned from Kenya and learned what had happened. Beverly brought an appropriate action against Alice, who claimed a one-half interest in Blackacre, seeking a declaratory judgment that she, Beverly, was the sole owner of Blackacre. In this action, who should prevail?


A. Alice, because Arnold and Beverly were tenants in common at the time of Arnold's death.
B. Alice, because Arnold's will severed the joint tenancy.
C. Beverly, because the joint tenancy was reestablished by Alice's reconveyance to Arnold.
D. Beverly, because Arnold breached his fiduciary duty as her joint tenant.

To date, I have done about a million of these type of questions in all areas of the law (or it feels like I have). I am not enjoying this one bit! Sorry this is not longer, but I have to get back to my practice questions... I am on a strict schedule :(

Hopefully, in the future, I will post some "brighter" events of my life. I have so much to update, but I just don't have the time right now. Sucks.

2 comments:

Unknown said...

Sounds like jibberish to me. :-)
Good luck with all those fascinating questions. It's good to know if I ever need someone to translate that kind of crap, I can call you.

Love ya.

Melnyrose said...

:( Poor Jaime!

Funny how after graduation things got busier, huh? What the heck, life? grr!

*hugs*