Answer & Explanation:In 1990, Bob, then a resident of State X, purchased a lakefront home in New York
State. From the time he purchased the property, Bob reasonably believed the northern
boundary to be five feet north of the true northern boundary line and the southern
boundary to be five feet south of the true southern boundary line.
Bob occupied the property every summer. The first summer he erected a fence
along what he believed to be the southern boundary.
Bob did nothing to occupy or cultivate the five-foot strip north of the true northern
boundary line until 2004, when he cleared it and extended his lawn onto that five-foot
strip, which he then regularly mowed. That same year he also erected a storage shed on
the northerly five-foot strip.
In 2010, Bob married Marsha in State X, where they resided, although they spent
their summers at Bobs lakefront home. In May 2014, Bob and Marsha moved from
State X to New York City.
Shortly after moving to New York, Bob and Marsha executed an agreement in
which each agreed to waive any right of election against the others will. Bob and
Marsha signed the agreement before two witnesses who also signed the agreement.
In February 2015,
Marsha left their marital home in New York and returned to
State X, indicating that she was never going to return to New York or to Bob wherever he
might live.
In June 2015, Bob commenced an action in New York against Marsha for divorce
on the ground of irretrievable breakdown of the marriage and for equitable distribution of
the marital assets. Bob caused the summons and complaint to be personally served on
Marsha in State X by an authorized State X process server.
Marsha has moved to dismiss the complaint on the grounds that (a) it fails to state
a cause of action as to the alleged ground for divorce, (b) the residency requirement for
bringing the action was not satisfied, and (c) the court (i) lacks jurisdiction over the
subject matter of the action and (ii) lacks personal jurisdiction over Marsha.
1. (a) If Bob brings an action to establish his having title to the
northern strip, should he be successful?
(b) If Bob brings an action to establish his having title to the
southern strip, should he be successful?
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2. Should the court grant Marshas motion to dismiss the complaint? Discuss
each of grounds (a), (b) and (c).
3. Is the agreement signed by Bob and Marsha enforceable?