The owner of a residence devised it, by a valid probated will, to "any brother who survives me, remainder to such of my children who are alive at his death." upon the owner's death, he was survived by a brother and three children. subsequently, the eldest child died and properly devised by will her entire estate to her godchild. the owner's two remaining children were the eldest child's only heirs. a year after the eldest child's death, the owner's brother died. the middle and youngest children survived the brother. in whom should the court find proper title to the residence is vested? answers: a. the owner's surviving two children and the eldest child's godchild, because their remainders vested upon the owner's death. b. the owner's surviving children and the eldest child's godchild, because the survival requirement for the owner's children violates the rule against perpetuities. c. only the owner's two surviving children, because the eldest child's remainder can only pass by intestacy. d. only the owner's two surviving children, because their remainders vested upon the brother's death.
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