37. John owns Goldacre in fee simple and he has no grandchildren. John conveys title to Goldacre using the following language: “I give Goldacre to Billy for life, then to the first of my grandchildren to reach the age of 21.” Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills. Other special rules are abolished. Which of the following best describes the future interest for John’s first grandchild to reach the age of 21 at the time of the conveyance and why?
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33. Osmond, the owner of Goldacre in fee simple, conve…
33. Osmond, the owner of Goldacre in fee simple, conveys Goldacre in a valid deed using the following language: “I grant Goldacre to Emma for life, then to Bethany so long as Goldacre is being used as a farm.” Osmond also creates a valid will with the following language: “I give all my remaining interests to Cornelius.” Assume in the relevant jurisdiction that the common law Rule Against Perpetuities applies to conveyances and wills and that the doctrine of destructibility of contingent remainders is abolished. What interest or estate, if any, does Cornelius have upon Osmond’s death?
7. Buyer purchased Blackacre from Seller. Seller inf…
7. Buyer purchased Blackacre from Seller. Seller informed Buyer about how Blackacre was encumbered with a past mortgage with a $100,000 outstanding loan balance, due to Seller’s borrowing. The past mortgage did not include a due on sale clause. Buyer agreed to take Blackacre subject to the past mortgage. Seller delivered a valid deed to Buyer, which was validly recorded.Six months later, Buyer defaulted on the mortgage and the mortgagee initiated a judicial foreclosure. The proceeds from the foreclosure sale were insufficient to cover the outstanding loan balance on the mortgage. There are no anti-deficiency statutes in the relevant jurisdiction. Can the mortgagee recover the deficiency from Buyer or Seller?
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