In 1976, Obie conveyed Blackacre to John "for life, remainder after John's death to his heirs." Two years later John entered into a real estate agreement for the sale of Blackacre to Herb, whereby John agreed to convey the premises to Herb in fee simple absolute. Prior to the settlement date, Herb contacted John, telling him that he would not perform his part of the agreement because John could not convey a fee simple.

1. If the Rule in Shelley's Case is followed in this jurisdiction, the outcome of a suit by John for specic performance of the real estate contract would result in
   1. John not succeeding, since he could not convey marketable title.
   2. John succeeding, because he had a fee simple to convey.
   3. John not succeeding, because his heirs have to join in the transaction in order to convey marketable title.
   4. John succeeding, because the conveyance of his life estate divested the contingent remainder of his heirs.