A mother, the owner of the family homestead, planned to retire to a warmer climate. She had two children, a daughter and a son. The mother executed a deed of the homestead and delivered it to her daughter. In addition to a description of the property, the deed contained the following language: “Grantee, by acceptance of this deed, agrees to provide a bedroom in the property known as the family homestead for the use of my son during his lifetime.” The mother died soon after moving, leaving her entire estate to her daughter and son in equal shares. The son, upset by his mother’s death, sank deep into alcoholism. The daughter, unwilling to tolerate the son’s behavior, prohibited him from entering the homestead.
The son then brought a suit against the daughter to establish a one-half interest in the homestead.
In that lawsuit,
A. The son will prevail, because the daughter breached her contractual obligation to him.
B. The son will prevail, because the condition in the deed to the daughter was broken.
C. The daughter will prevail, because the mother retained no interest in the homestead.
D. The daughter will prevail, because the son’s conduct terminated the rights he had to an interest in the homestead.
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