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

As per the will of Raj Ludwig was entitled to the life estate and Elise was on the property estate. After recession peeped in Elise was in trouble.As the shops closed,the shopping mall was empty there was a huge loss.windows were smashed by the vandals and trespass occupied the parking lot as garbage dumps.Elisa claimed that Ludwig would help and take necessary steps to protect the property as by removing the trespassers, cleaning the area also take necessary steps against the vandals.moreover Ludwig could take steps to fight against the recession,also could help elisa to take economical beneficiary decision,so that shopping mall does not get closed totally.in that the situation could be improved.but Ludwig did nothing to help elisa.since the total property was divided and nothing about the liability to help was predecided by law.so no claim by elisa would have been successful.