Legal Aspects of Real Estate

• John Hammons ,a physician, died on August 11, 2006. Dr. Hammons provided by will for his wife, Rosa, and his children by a former marriage, Janet and Jillisa. Rosa recieved a life estate in all of Dr. Hammon’s property and Janet and Jillisa recieved a remainder interest in their father’s estate. The will states:
o “My said wife during her lifetime shall have the right to sell any property received by her under the terms of this Item and invest and reinvest the proceeds thereof in other property, real or personal, in her absolute discretion. If my wife does not survive me, then all of my estate of every kind and description and wherever located, including any devise or bequest which may lapse or become void, I give, devise, and bequeth, absolutely and in fee simple, to my daughters, Janet P. Hammons and Jillisa S. Ham Mons, to be devided equally between them. “
• (A) Describe what type of interest Dr. Hammons’ wife and daughters have. (B) After his death, Dr. Hammon’s wife, Rosa, decides to sell all of the properties that Dr. Hammon leaves, and she decides to reinvest the proceeds of those sales in a solar farm. His daughters, Rosa and Jillisa sue and allege that she has no right to do that without their consent because they had an interest in the estate as well. What will the court decide about Rosa’s right to sell the properties and invest the proceeds? To receive full credit, you need to answer both parts of the question and explain your answer for each part.
Question 2:
• Tom and Doyle proctor were deeded 20 lots of land in a Florida subdivision with the understanding that they would construct an incinerator on the property. The deed contained no specifics on the incinerator or the Proctor’s responsibilities. The developer claims a right of reentry. The Proctors claim the land is theirs as a fee simple estate. Who would be correct? To get full credit, you need to support your answer with an explanation and reference to the rules/laws that you applied to determine the answer.

Sample Solution