Property I
Spring 2000
Final Examination
Professor Brower
In 1960, Otto was the fee simple absolute owner of a house in Westwood, California.
Otto was a 1945 graduate of UCLA, and a rabid fan of the UCLA Bruins. Accordingly, he named
his house BruinAcres and painted it blue and gold inside and out. (Otto's wife, Annalisa, was a very
tolerant spouse) They had no children at that time. Later in that same year, Otto made a will as
follows, "I, Otto leave BruinAcres to my wife, Annalisa, and at her death to her children unless any
of them should ever graduate from that hated school, USC. If so, then that child's share shall go
automatically and without fail to my former UCLA roommates, Xavier and Yves of Milwaukee
and Madison, Wisconsin respectively."
In 1963, Otto and Annalisa had a baby girl. Otto wanted to name the child Bruinetta, but
Annalisa finally put her foot down. They compromised on Barbara. In 1965, Otto died, and five
years later Annalisa remarried. Annalisa married Calvin, a man who did not even attend college -
Annalisa had gotten a lot less tolerant in her later years. In 1975, Annalisa and Calvin had a child,
Doreen. Over the years, the children began to go their separate ways. Barbara, true to her lineage,
continued to live at home on BruinAcres, attended the hometown college, UCLA, graduating in
1985. She has remained on BruinAcres ever since. Doreen, on the other hand, was a bit of a rebel,
and after her graduation from USC in 1997, moved to San Jose to make her fortune in the Silicon
Valley. In 1996, Annalisa died willing all her property to Calvin. Barbara continued to live in
BruinAcres, and took over paying the property taxes of $1000 per year after her mother's death.
It is now 2007; Zachary wants to purchase the property. He has contacted you because
of your expertise in property law. Zachary wants to know (1) who has what interest in
BruinAcres: Barbara, Calvin, Doreen, Xavier, Yves; and (2) whether any of them owe any
money to any of the others. Advise him.
You are aware that California maintains all common law technical rules in full force and
effect; that the statute of limitations for trespass or ejectment is 10 years; and that children are a
decedent's heirs only if there is no surviving spouse. Otherwise, the surviving spouse inherits the
entire estate, and the children receive nothing.
You may use only one exam booklet. Write only on the right-hand pages. Please answer
each question completely, yet concisely. Good Luck.