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Blackacre is a tract of land that includes a copper mine. The owner of Blackacre, O, has operated the mine for several years.
O learns that at the current rate of mining, all the copper will be removed within two more years. The following day, O conveys Blackacre “to A for life, then to B if B is at least 21 years of age.” At the time of the conveyance, O tells A about the dwindling copper supply.
Upon taking possession of Blackacre, A continues to mine copper at the same rate O did. B is also aware that the copper in the mine is running out. B asks A to stop or slow the mining, but A refuses. B then demands a share of the mining proceeds. A refuses this demand, as well.
One year after the conveyance, O dies, leaving all O’s real and personal property to C.
Two years after the conveyance, A dies, leaving all A’s real and personal property to D. At the time of A’s death, B is 19 years old.