UNIVERSITY OF MISSOURI SCHOOL OF LAW
PROPERTY § 1 (Professor Freyermuth)
PRACTICE EXAM (Winter Semester 2016)
Instructions
1.
This practice exam consists of one (1) short answer questions and one (1) essay question.
Each of these questions was included on the final exam administered during the Winter Semester
of 2010. If you submit your answer for grading, I will score your exam using the same rubric that
I used in grading that exam, so that you can compare your score with the group of students who took
that exam.
2.
You should take the practice exam under simulated time constraints, using the same
approach you plan to use for the actual exam. [In other words, if you plan to handwrite your final
exam, you should do that for the practice exam; if you plan to type your answer on computer, you
should do that.] The suggested time allocated for each question is indicated on the exam; I encourage
you to adhere to those time constraints.
3.
If you type your answer, you can submit it to me by e-mail at freyermuthr@missouri.edu.
If you hand-write it, please turn it into Room 203 with your name on it and ask Heather (or whoever
is on duty in Room 203) to place it in my mailbox. [The final exam will be graded anonymously,
of course, using assigned exam numbers, but I do not want to put the staff in Room 203 to the
burden of having to assign and track exam numbers for a practice exam.]
If you type your exam, please make sure your answer is double-spaced.
4.
During the actual final exam, you will be able to use an outline that you prepared (or
that you contributed to in a study group). You will not be able to use your casebook or any
commercial outline.
5.
If you want me to grade and score your exam, please turn in your answer no later than
5:00pm on Monday, March 28, 2016 (the Monday of Spring Break). This will allow me
sufficient time to score and return the exams in time to have a session to go over the exam question
and a sample answer during the first week of April after the break.
SHORT ANSWER
(10 Minutes)
[Note: A complete answer to this Short Answer question should be no more than 2 paragraphs
of 2-3 concise sentences each. If you are writing more than that, you are writing too much.]
Last week, Joe and his buddy Dave were returning from lunch when Joe (who was busy talking
about his upcoming vacation in Las Vegas) carelessly stepped into the path of a city bus. The bus
struck Joe at a high rate of speed. While Joe lay bleeding on the street, Joe told Dave “I’m not going
to make it. I want you to have my iPhone; it’s in my bag. I want you to have my house too; the keys
are in the bag. They’re yours.” Dave reached into Joe’s backpack and retrieved the iPhone
(amazingly not damaged by the collision) and the keys, saying “Thanks.”
Despite the prompt response of local EMTs, Joe died at the scene from his injuries. Joe, who did
not have a valid will, was survived by his parents (who are also his heirs under the state’s intestate
succession statute). Who owns Joe’s iPhone and Joe’s home? Explain.
ESSAY (50 minutes)
During the 1980s, Erika Jones earned millions of dollars starting cookie franchises. The stress of
the business caused Erika to drink, however, and Erika eventually sought help from Alcoholics
Anonymous. There, Erika met two other recovering alcoholics, Horace Grant and Angela Smith,
who became close friends and who provided emotional support to Erika during her recovery.
Horace and Angela are unrelated.
In 1995, Erika decided to move to South America to expand the reach of her cookie marketing
empire. Before she left, on March 5, 1995, Erika, Horace, and Angela gathered for dinner to
celebrate three years of sobriety for each of them. During dinner, Erika turned to Horace and Angela
and said “To show my appreciation for your support the past three years, I have a gift for you.”
Erika then handed a deed to Horace and Angela that conveyed Blackacre “to Horace Grant and
Angela Smith, unless either Horace or Angela consumes alcohol on the land.” Blackacre was an
undeveloped parcel 20 acres in size.
In November 1995, Horace won $150,000 in the state lottery, used the money to build a home on
the eastern half of Blackacre, and moved into the home when it was completed in April 1996.
Angela already had a home elsewhere, and did not object to Horace’s actions. Shortly after Horace
moved in, Angela and Horace had a lawyer prepare and record deeds that divided Blackacre in half;
one of the deeds granted ownership of the eastern half of Blackacre “to Horace in fee simple
forever,” and the other conveyed the western half of Blackacre “to Angela in fee simple forever.”
In 2000, Erika returned from South America for a vacation, and stopped in to pay a surprise visit on
Horace. When she arrived at Horace’s home, she found him passed out drunk, clutching an empty
tequila bottle. Erika immediately called Angela, and the two of them cared for Horace until he
regained consciousness, when Erika said to him threateningly: “I could kick you out of here right
now and take this house. If I catch you drinking again, you’re out.” Horace agreed to go into a
rehab program. As they were leaving Horace’s house, Angela said to Erika “I’m about to break
ground on a new office for my accounting practice. Are you serious about taking the land back?”
Erika responded, “Not this time, as long as you keep Horace off the wagon. Anyway, your half is
your half.” Angela proceeded to build her office building, at a cost of $400,000, and relocated her
accounting practice to the new building.
On April 12, 2010, Angela and Erika planned a birthday party for Horace at Angela’s office, but
Horace did not show up. When they went looking for him, they found him at home, drunk and
passed out, clutching an empty bottle of scotch. The next day, Erika filed a lawsuit seeking to eject
both Angela and Horace from Blackacre and to recover possession of the land.
List each argument that Horace and Angela can raise in response to Erika’s lawsuit, and
evaluate how likely it is that each argument will be successful. Note: There may be additional
facts or other information that you believe you need to discover in order to advise Horace
and/or Angela. If so, identify what information is missing, and explain how discovery of that
information would influence your analysis.