The validly executed will of John Dane contained the following provision: “I give and devise to my daughter, Mary, Redacre for and during her natural life and, at her death, the remainder to go to Wilmore College.

The validly executed will of John Dane contained the following provision: “I give and devise to my daughter, Mary, Redacre for and during her natural life and, at her death, the remainder to go to Wilmore College.

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June 11, 2021
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The validly executed will of John Dane contained the following provision: “I give and devise to my daughter, Mary, Redacre for and during her natural life and, at her death, the remainder to go to Wilmore College.” The will also provided that the residue of his estate should go to Wilmore College. Thereafter, Dane sold Redacre and then added a validly executed codicil to his will, “Due to the fact that I have sold Redacre which I previously gave to my daughter, Mary, I now give and devise Blackacre to Mary in place and instead of Redacre.” Another clause of the codicil provided: “I give to my son, Henry, my one-half interest in the oil business, which I own in common with William Steele.” Subsequently, Dane acquired all of the interest in the oil business from his partner, Steele, and at the time of his death, Dane owned the entire oil business. The will and codicil have been admitted to probate.
a. What interest, if any, does Mary acquire in Blackacre?

The validly executed will of John Dane contained the following provision: “I give and devise to my daughter, Mary, Redacre for and during her natural life and, at her death, the remainder to go to Wilmore College.” The will also provided that the residue of his estate should go to Wilmore College. Thereafter, Dane sold Redacre and then added a validly executed codicil to his will, “Due to the fact that I have sold Redacre which I previously gave to my daughter, Mary, I now give and devise Blackacre to Mary in place and instead of Redacre.” Another clause of the codicil provided: “I give to my son, Henry, my one-half interest in the oil business, which I own in common with William Steele.” Subsequently, Dane acquired all of the interest in the oil business from his partner, Steele, and at the time of his death, Dane owned the entire oil business. The will and codicil have been admitted to probate.
b. What interest, if any, does Henry acquire in the oil business?

Answer and ExplanationSolution by a verified expert

Explanation

Will is a type of written document stating the information about a particular property or asset that is going to be delivered to another person after the death of the will holder.
A codicil is a type of written document that is used to make changes or to modify an existing will, in the presence of a witness.
After selling Property R, Individual D has executed a codicil that states Individual D's daughter is now going to get Property B.

Verified Answer

Individual M has a whole-life interest in Property B. Since the codicil states that Individual D's daughter, Individual M, is now going to get Property B instead of Property R.

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