Reed Watkins made and executed a valid will in which he left all of his property to his
son and daughter. They failed to visit him or call. When Reed’s neighbor was visiting
one day, Reed got the will out and said, ‘I don’t want them to get a dime. You see this? I
am destroying this will.’ Reed then threw the will into his wooden stove and the two
watched the will burn.
a. Reed cannot revoke a formal will by physical destruction
b. Reed can only revoke the will by drawing up a new will
c. Reed’s will is revoked
d. Reed’s will is revoked if he also signs a statement indicating that he revoked the will
Petra Valoma, Samuel Bromell, Chad Kistler, and Audrey Hailes were roommates who
rented an apartment in a building owned by Bedford Ave. Partners LLC, and managed
by G’“Way Management, LLC. The roommates moved in on February 1, 2012, but
vacated the premises on March 13, 2012, before their lease expired as they were chased
out by bedbugs. The landlord brought an action to collect rent for the time that the four
lived in the apartment and the four counterclaimed for the following:
Security deposit + 2 month’s rent = $8,550.00/4 claimants = $2,137.50
Kistler and Hailes also made claims for ‘loss of property,’ property they had to throw
away because of bedbug infestation. They notified G-Way several times during that
month of occupation that they took turns sleeping in the apartment at night to see
whether the bedbugs were exterminated, but after they were each bitten, they gave up
and fled the infested apartment. Could they be released from their lease and are they
entitled to damages?
Protection of an anchor tenant’s exclusive sales rights is an antitrust violation.
The Uniform Simultaneous Death Act prevents double probates in cases where the
order of death is impossible to determine.
E. H. Webb and Ann Thomas Webb own a shopping center in Davidson County,
Tennessee, and leased one of its spaces to Scooter Stores, Incorporated, in 1971. In
1975, Scooter assigned the lease to Borchert Enterprises. The Webbs approved the
assignment, but various controversies arose between the parties, and Borchert filed suit.
The Webbs counterclaimed for rent due under a clause in the lease, which required a
payment of 2 percent of gross sales as additional rent. The clause provided as follows:
Lessee, in addition, agrees to pay to Lessor as additional rental a sum equal to two (2%)
percent of the gross sales in excess of Two Hundred Thousand ($200,000) Dollars per
annum, excluding sales tax and money order sales, said payments to be made annually,
within forty-five (45) days from each annual anniversary of this Lease. Lessee agrees to
provide to Lessor annually a Certified Public Accountants’ report of sales to substantiate
the payments made hereunder.
Borchert was engaged in the operation of a convenience market and installed several
pinball machines. The Webbs contended that Borchert had failed to pay the 2 percent
due on the pinball revenues, and Borchert contended that revenue from the pinball
machines was not included in the term gross sales. The trial court held that the pinball
income was part of gross sales, and Borchert appealed. How should the case be
decided?
Place the following in order of size from largest to smallest:
Acre
Township
W-1/2 of the SE-1/4 of the SE-1/4
Section