A property is granted "to Mary for life, then to her children who reach age 25, but if no child reaches 25, then to the Canadian Cancer Society." What estate does Mary hold?
Correct Answer
D) A life estate
The words 'to Mary for life' give Mary a life estate: she may possess and use the property for as long as she lives, but her interest ends at her death and cannot pass under her will. When she dies, the property goes to the persons named after her in the grant, first her children who reach 25 and otherwise the Canadian Cancer Society, who hold the future interests.
Why This Is the Correct Answer
Mary holds a life estate because the grant gives her the property 'for life'. Her right to possession ends when she dies, and the property then passes under the grant to the later takers rather than to Mary's estate.
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