Question

2) Raj owned the fee simple in a piece of lan known as Blackacre, which contained a small shopping mall that was included in the title of the property. Although he had no children of his own, he was especially fond of his nephew, Ludwig, and his niece, Elise. Raj wanted to ensure that they enjoyed the benefits of Blackacre, especially after he died. He therefore created the following arrangement: Beginning immediately, and for the rest of Raj's life, Ludwig was entitled to enjoy a life estate in Blackacre. Upon Raj's death, Elise (who is 25 years younger than Ludwig) would become entitled to enjoy a life estate in the property. Although all the parties were initially happy with that arrangement, difficulties arose after the economy went into a recession and the shops that had been operating in the shopping mall on Blackacre began leaving the premises. Within six months, the entire mall was empty. Despite protests from Elise, Ludwig did nothing to protect the value of the proeprty, even though vandals were smashing windows and trespassers had begun to use the parking lot as a garbage dump. What claims if any would Elise have against Ludwig? Would she be succesful?

Answer 1

Answer - After Raj's death Elisa become entitled to enjoy life estate in the property. During a difficult time when economy went into recession, the strip mall had been shut. A significant had been destroyed. Even vandals had arrived at the windows and trespassers had used as a garbage dump.

Elisa beliefs that Ludwig was doing everything to secure the property and counter the vandals by clearing the zone but Ludwig never really help Elisa. As property was already partitioned and no one is aware about their duty of assistance. So there is no dispute by Elisa that would have been enough.