Beckett, who owned an apartment building, executed an instru…
Beckett, who owned an apartment building, executed an instrument in the proper form of a deed, purporting to convey the apartment building “to my brother, Bob, for life, then to my nephew, Noel, in fee simple.” Bob, who is Noel’s father, promptly began to manage the building, which is valuable income-producing property. Bob collected all rents and paid all expenses, including real estate taxes. Noel did not object, and this state of affairs continued for five years. Then, Bob executed an instrument in the proper form of a deed, purporting to convey the apartment building to his associate, Al. Noel, no admirer of Al, asserted his right to ownership in the building. Al asserted his ownership and said that if Noel had any rights he was obligated to pay real estate taxes, even though Bob had been kind enough to pay them in the past. Income from the apartment building is ample to cover expenses, including real estate taxes. In an appropriate action to determine the rights of the parties, the court should decide:
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