Question
Larry Feryl, his brother Daryl and his other brother Daryl bought a residence in Anytown, State of Confusion in 1950. The three took title as
Larry Feryl, his brother Daryl and his other brother Daryl bought a residence in Anytown, State
of Confusion in 1950. The three took title as joint tenants with right of survivorship. Shortly
after the purchase, Daryl and Daryl got jobs in a different state and moved away, leaving Larry
to live in the house by himself. In 1954, Harold and Maude moved in with Larry. Neither
Harold nor Maude ever met Daryl or Daryl or had any idea that anyone other than Larry had
any ownership interest in the house.
In December 1954 Larry joined a traveling cat juggling troupe that performed all over the
country. Knowing he would not be around and believing that owners take better care of
property than renters, Larry prepared and signed "The Writing" which states, "I, Larry Feryl am
selling my property at 987 Street Street, Anytown, State of Confusion to Harold and Maude
Hypothetical for $80,000.00 to be paid in 359 payments of $222.50 and one payment of
$124.50. Neither Daryl nor Other Daryl signed the writing, and nothing was ever recorded to
show Harold and Maude had any interest in 987 Street Street.
In 1980, Larry was at a party, and, trying to impress the other guests, was scratched by one of
the stray cats he was trying to juggle. Larry died soon after of cat scratch fever and his
personal lawyer, Allen Attorney, took over his affairs, leaving the bank account where Harold
and Maude deposited their rent open.
In December,1985, Harold and Maude still lived in the property and that month made the final
payment of $124.50 as specified in The Writing, sending it to the same bank account they had
always sent payments to.
That same month, Both Daryls were killed when a freak accident caused a hairspray can to
blow up the motorcycle they were riding on. Lauren Lawbooks was appointed personal
representative of both Daryls' estates. Lauren contacted Harold and Maude to get a signed
lease for the property assuming it was part of the Daryl's estates. Harold and Maude refused
to sign a lease saying that they had purchased the home from Larry Feryl, and that they had
made the final payment earlier that month.
QUESTION: You are the judge whose courtroom the case lands in when Lawbooks
sues to evict Harold and Maude. Create a brief opinion that 1) identifies the three key issues
presented by these facts and 2) states whether Harold and Maude or the Daryls' estate is the
lawful holder of title to 987 Street Street.
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