UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

A father wished to gift his one-acre tract of land in fee simple to his daughter. The father contacted his attorney and asked her to draft a document memorializing this conveyance. The father’s attorney drafted a document, which contained the following provision: “To my daughter, so long as the land is used for church purposes, and if it is not so used, then to my son.” Upon delivery and receipt of the deed, which was proper in form, the daughter began construction of a two-family home on the property. An appropriate action among the father, daughter and son was brought concerning the interest in the land. If the court finds for the father, what is the most likely reason?

(A) The conveyance violated the Rule Against Perpetuities.

(B) The fee simple subject to a condition subsequent became a fee simple absolute.

(D) A church cannot be the beneficiary of land upon which a residence can be built.

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