Author Question: In the Anna Nicole Smith will contest, what was the basis for Ms. Smith's recovery of millions ... (Read 60 times)

mwit1967 · **on:** Jun 24, 2018

In the Anna Nicole Smith will contest, what was the basis for Ms. Smith's recovery of millions following a trial?
A)She was able to show that her deceased husband lacked capacity to execute a will and she, as a surviving spouse, was entitled to her community property share
B)Tortious interference with expectation of inheritance
C)That she had engaged in undue influence
D)That there were no surviving heirs

Question 2

Otis Olson, the owner of two adjoining city lots, A and B, built a house on each. He laid a drainpipe from lot B across lot A to the main sewer pipe under the alley beyond lot A. Olson then sold and conveyed lot A to Fred Ford. The deed, which made no mention of the drainpipe, was promptly recorded. Ford had no actual knowledge or notice of the drainpipe, although it would have been apparent to anyone making an inspection of the premises, having been only partially imbedded. Later, Olson sold and conveyed lot B to Luke Lane. This deed, which likewise made no reference to the drainpipe, was also promptly recorded. A few weeks thereafter, Ford discovered the drainpipe across lot A and removed it. Did Ford have the right to do so?

Juro · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

B

Answer to Question 2

No - easement by implication arises - see Westbrook v. Wright in Instructor's Manual segment. Students should discuss elements of easement by implication.