Chapter 19: Deeds, Wills and Trusts; Restraint on Alienation

Question 1

Which of the following is NOT an implied present covenant in a general warranty deed?

A. The grantor owns the land described in the deed.
B. There are no undisclosed encumbrances on the land.
C. The grantor has the legal right to convey the land.
D. Grantor will fix future title problems

Answer 1

D. Grantor will fix future title problems

Question 2

Which of the following is NOT an implied future covenant in a general warranty deed?

A. The covenant of quiet enjoyment
B. The covenant of warranty
C. Covenant against encumbrances
D. Covenant of further assurances

Answer 2

C. Covenant against encumbrances

Question 3

Which of the following guarantees is made by the grantor in a quitclaim deed?

A. The grantor has the legal right to convey the land.
B. The grantor transfers whatever rights he has in the property to the buyer.
C. The grantor will defend the property against future assertions of encumbrances.
D. The grantor warrants only against defects that arose when the grantor held the property.

Answer 3

B. The grantor transfers whatever rights he has in the property to the buyer.

Question 4

True or False?
Property that is transferred by will is said to be devised to the testator’s heirs.

Answer 4

False

Question 5

True or False?
To be an heir, a person must take by intestate succession.

Answer 5

True

Question 6

True or False?
If the decedent dies without a will and without heirs, his property escheats to the state.

Answer 6

True

Question 7

FILL IN THE BLANKS. The __________ holds legal title to the trust property. The __________ holds equitable title to the property held in trust.

Answer 7

trustee, beneficiary