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Susan and Duke, have a home on 5 acres in Fairbanks that they own free and clear. Without Dukes knowledge, Susan willed her interest in
Susan and Duke, have a home on 5 acres in Fairbanks that they own free and clear. Without Dukes knowledge, Susan willed her interest in the family home to Gwen, their daughter. Susan and Duke entered a long-term 10-year lease with Donald, and they moved to Hawaii. One day Gwen, while driving by her childhood home, saw Donald digging a large hole in the ground. When Gwen asked him what he was doing, Donald told her that he was certain that there was gold on the property. Gwen demanded that he quit damaging the property. Donald told her she was trespassing, that he had a valid lease and every right to dig the hole. What real property interests do Susan, Duke, Gwen, and Donald have in the property? If Gwen sued Donald to make him stop digging and to make him pay her for the damages, who would likely win and why?
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