Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Truman G. Witherwax III is the sole owner of his family's apple orchard in Ulster County, New York, Waxy Apple Farms. The orchard has been

Truman G. Witherwax III is the sole owner of his family's apple orchard in Ulster County, New York, Waxy Apple Farms. The orchard has been in the family for 200 years, and Truman wants to keep it that way. Truman is currently married to his second wife, Dolores, and has three children:a son from a previous marriage, Truman G. Witherwax IV (known as "Quinn"), and two daughtersfrom his current marriage, Mabel Witherwax and Ethel Witherwax. Quinn has never been interested in the farm, and Truman thinks Quinn is too busy trying to become famous on TikTok (or whatever those darn kids are up to these days) to take the family business seriously. Thus,Truman wants his daughters to get the orchard without any need for lawyers or courts and to own and operate it as equal partners. Truman also wants to make sure that Dolores is protected for the rest of her life. Therefore, Truman creates a will that says, "Upon my death, I, Truman G. Witherwax III, hereby convey Waxy Apple Farms, to Dolores Witherwax for remainder of her life, and then to Mabel Witherwax and Ethel Witherwax, as joint tenants."

a. Please describe the types of ownership interests, if any, that Dolores, Quinn, Mabel, and Ethel have in Waxy Apple Farms.

b. Just before Truman's untimely death from a tractor accident, Quinn learns from a former classmate, who is now a geologist, that there is a very strong probability that there are several million barrels worth of oil located under the orchard. Quinn moved to Los Angeles two years before and is currently desperate for money. Regardless of the merit of his claim, can Quinn sue his stepmother and half-sisters for his share of Waxy Apple Farms in federal court? Why or why not?

c. As a result of Quinn's lawsuit, Mabel and Ethel learn about the oil. Sadly, Dolores has also passed away from a different tractor accident. Mabel wants to keep operating the family business without the possible environmental impacts from drilling for oil. Ethel wants that oil money. Ethel sells her interest in Waxy Apple Farms to ExxonMobile for $25,000,000. Is Ethel able to sell her interest? Why or why not? If so, what is the ownership relationship between Mabel and ExxonMobile?

d. Quinn still wants that oil. He buys a one acre piece of land right next door to Waxy Apple Farms. He erects an oil well very close to the boundary with the orchard. He starts to pump 1,000 barrels of oil a day, almost all of which comes from under Waxy Apple Farms. Assuming New York has no correlative rights legislation, would ExxonMobile be able to go to court to get an injunction (i.e., a court order to stop) against Quinn? Why or why not?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Commentaries And Cases On The Law Of Business Organization

Authors: William T. Allen, Reinier Kraakman, Vikramaditya S. Khanna

6th Edition

1543815731, 978-1543815733

More Books

Students also viewed these Law questions

Question

a sin(2x) x Let f(x)=2x+1 In(be)

Answered: 1 week ago

Question

3. It is the commitment you show that is the deciding factor.

Answered: 1 week ago