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Homework answers / question archive / Jennie was the owner of an 80-acre farm that contained a large stone quarry
Jennie was the owner of an 80-acre farm that contained a large stone quarry. In appreciation of the assistance provided by her now deceased brother, Virgil, in operating the farm, Jennie executed a properly witnessed will that provided that the 80-acre farm was to go to Virgil's widow, Jessie. Jennie delivered the will to her niece with instructions that the will contents were to remain secret and that the will was to be kept in the niece's safety deposit box. Later, Jennie asked her neighbors to prepare a deed, which was properly witnessed and notarized but not recorded, leaving the 80-acre farm to Wayne and Wesley, Virgil's sons. Jennie delivered a copy of the deed to Wayne so that he could read its provisions. She explained that she wanted the brothers to have the farm, but said she wanted to maintain possession of the deed and did not want anyone to know of the conveyance until after her death. Wayne agreed and at Jennie's death, Wayne, Wesley, and Jessie all claim to own the property. Who is the lawful owner? Why?
Apparently, these two - Wayne and Wesley are the lawful owners of an 80-acre farm.
Because Jennie had prepered a deed, which was properly witnessed and notarized but not recorded. A deed which is not recorded is still legal. Also, the will that claimed that the property was to go to Jessie is null and void as the original owner of the property, Jennie, did not want Jessie to be the owner of the property and prepared a deed that tranfered the property to Virgil's Sons later on.
NOTE : Deed basiically means "payable on death". That is, transfer is automatic upon death. It is not affected by one's will, so any contrary statement in the will does not override the provision of the deed.
