Tom was a rich man who owned a parcel of land containing a lake. The lake has two islands, and Tom wanted to give an island to each of his two daughters. Tom executes a deed gifting "the bigger island" to his daughter jill. Then, he executes a second deed gifting "the small island" to his daughter Lil. One day after executing the second deed, Tom died suddenly of a heart attack.

Soon after Tom's death, a land surveyor discovered that the two islands are the exact same size. The surveyor also noted that one island is lush with trees, while the other island is a slab of rock. Since neither sister wants to own a slab of rock, this matter is taken to court.

1. Is there any way for the court to try to determine which of the two islands is "the big island" and which is "the small island"?
2. If the court is unable to determine which of the two islands is "the big island" and which is "the small island," what effect (if any) will this have on the two deeds?
3. If the first deed was a quitclaim deed, did Tom violate theCovenant of Seisin?