Question

A landowner granted Blackacre "to my nephew, his heirs and assigns, provided that he is survived by issue of himself and his wife, Sally, but if he dies without issue of Sally and himself, then to the county hospital." The nephew took possession of Blackacre and used it wisely for many years. Unfortunately, Sally died without having had any children. The nephew remarried, and his new wife, a geologist, discovered huge deposits of gold in the northeastern corner of Blackacre.

Does the nephew have the legal right to open a mine to extract gold from Blackacre?

(A) No, because after Sally died childless, the nephew has no further ownership interest in Blackacre.

(B) No, because after Sally died childless, the nephew is only a life tenant of Blackacre.

(C) Yes, because the nephew holds a fee simple determinable.

(D) Yes, because the nephew holds a fee simple defeasible.

Answer 1

D) Yes, because the nephew holds a fee simple defeasible.

Step-by-step explanation:

Since the nephew holds a simple fee defeasible, he can use Blackacre as he pleases as long as he is alive. Since his former wife (Alice) died, then after his death Blackacre will pass to the county hospital, but as long as he is still alive, he can extract gold from Blackacre.