An uncle's will devised his lakefront estate "to my butler for life, remainder to my niece." The 40-acre estate includes a mansi
on, a 20-acre orchard, a beach, and gardens. At the time of the uncle's death, the butler was 40 years old and of modest means. The niece was 18 years old and quite wealthy. The estate was encumbered by a mortgage that was not entitled to exoneration. After the first year, the butler could no longer make the mortgage payments, so the niece paid them.Ten years after the uncle's death, the town in which the estate was located became a hot resort area. A major resort chain approached the butler with a multimillion-dollar offer for the easternmost 20 acres of the estate, which included the residence and beach. The resort chain planned to raze the mansion to erect a high-rise hotel. The butler approached the niece about the offer. He proposed to give her most of the money from the sale and offered to build any house she desired on the remaining land. The niece refused to go along with the plan. The butler decided to proceed with the sale, and the niece brought a suit to enjoin the butler's proposed actions.Which of the following is the niece's best argument?A The eventual use of the property by the remainderman will be as a residence.B Destruction of the mansion constitutes waste.C Because the niece paid the mortgage payments, the butler is subrogated to her rights.D The butler has no right to transfer his life estate.
Answer: the correct answer is B. destruction of the mansion constitutes waste.
Explanation:
The remainderman is the last person that will inherit state or property. They are not owners but they might be in the future. The niece can argue that a life tenant is entitled to all ordinary uses and profits of the land but he cannot according to law do any act that will injure the interests of the remainderman.
