Analyze the facts presented and to organize your thoughts

Analyze the facts presented and to organize your thoughts

Before starting to write your answer to each essay question, please take a moment to carefully
analyze the facts presented and to organize your thoughts. Remember always: brevity is the
soul of wit.

For each essay question, state your conclusion, then state the reasons for your conclusion
If you just state a conclusion without giving your reason(s), no credit will be given for that
Answers given must show that you found the legal issues presented by the problem; that you
know the legal principles to be applied; and that you are familiar with the appropriate legal

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 IV (known as “Quinn”), and two daughters from his current
marriage, Mabel and Ethel.

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 to own
and operate as equal partners.

Truman also wants to make sure that Dolores is protected for the
Page 5 of 5rest 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. Assuming Truman has died, please describe the types of ownership interests, if any, that,
Dolores, Quinn, Mabel, and Ethel have in Waxy Apple Farms. (5 Points)

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? (5 Points)

c. Quinn still wants that oil. He buys an 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 (<link is hidden> a court order to stop) against Quinn? Why or why not? (5 Points)

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