Ch. 5

Farr inherited Greenacre from his father. The property has been handed down through generations and has great emotional significance to Farr's family members. Farr is in a non-traditional relationship with his partner, Hal. On his deathbed, Farr devises Greenacre to "my loving partner, Hal, and his heirs as long as Hal does not sell Greenacre." What interests are created by this grant?

Hal has a fee simple absolute.

In 1995, Mason and Adam moved in together and are still very much in love. They have one child, Bruno, who is in his last semester of law school. Mason is writing his will and wants to leave a large nature preserve that he owns (Greenacre) to his partner and son. He is very insistent that Greenacre be preserved in its current state and not be developed. He would like Adam to become the owner when he dies, but wants Bruno to automatically gain the property if the land is developed. This jurisdiction applies the common law Rule Against Perpetuities. Which of the following provisions, if placed in his will, will best forward Mason's intentions?

"Greenacre to Adam until it ceases to be used as a nature preserve, then to Bruno if living."

Eli and Xi are married and still deeply in love. They have one child, Lucas, who is 25. Eli wants to convey his most prized possession, a 100 acre nature preserve (Meadowacre), to Xi and Lucas. Eli wants to maintain his dominion and control while he is alive, but upon his death he wants Xi to have a life estate in Meadowacre followed by a possessory fee simple in Lucas. This jurisdiction applies the traditional Rule Against Perpetuities. Which of the following provisions, if placed in his deed, will best forward Eli's intentions?

"Meadowacre to Eli for life, then to Xi for life, then to my first son when he reaches 30."

Which of the following statements is incorrect?

A In many jurisdictions, the doctrine of waste does not apply to a person holding a defeasible fee simple. B Following a breach of condition, the holder of a possibility of reverter must exercise that interest within a reasonable time.---- incorrect C A life estate pur autre vie is alienable, devisable, and descendible. D When the language of a deed is ambiguous, courts generally will construe the defeasible estate as a fee simple subject to a condition subsequent, rather than a fee simple determinable.

Charlotte owned Greenacre, a large parcel that included a butterfly habitat. As a birthday present to her only daughter Julia, Charlotte made the following valid inter vivos gift: "Greenacre to Julia for life." A few years later, Julia made the following conveyance to Naomi: "I, Julia, grant Naomi any and all interest I have in Greenacre." Naomi moved onto Greenacre, hoping to cultivate her hobby of butterfly watching. Regrettably, shortly thereafter Naomi fell on the handle of a butterfly net and died. Her valid will left everything she owned to her best friend, Avery. Who has the best right to present possession of Green

Avery, because she inherited Naomi's estate.

Mark conveys his house to "Chuck for life, then to Quinn's widow for life, then to Chuck's children living at the time of Quinn's widow's death." Chuck is 21 years old, unmarried with no children. Quinn is 84 years old, happily married to Reda who is 91 years old, with four adult children. The common law Rule Against Perpetuities applies in this jurisdiction. Who has what interest in the house?

Chuck has a life estate; Quinn's widow has a contingent remainder in life estate; Mark has a reversion.

Oren holds a fee simple absolute. Oren conveys "to City, its successors and assigns, provided that if the land is not used as a park, then to Karl and his heirs." (City is the City of New York.) This jurisdiction applies the common law Rule Against Perpetuities. Which of the following is correct?

City has a fee simple absolute.

When Bess retired, she purchased a single room school building ("Readacre") in fee simple absolute. There Bess held free reading classes for illiterate adults. Last month, Bess fell and broke her hip. Unable to continue teaching, Bess conveyed Readacre to Dee. The valid deed read, "...to Dee and heirs provided that Readacre is used for teaching reading to illiterate adults, then to my daughter Lucy." Last month, Dee cancelled all classes and converted Readacre into a commercial winery. This jurisdiction applies the common law Rule Against Perpetuities. Which of the following statements is correct?

Dee has a fee simple absolute in Readacre.

When Bess retired, she purchased a single room school building ("Readacre") in fee simple absolute. There Bess held free reading classes for illiterate adults. Last month, Bess fell and broke her hip. Unable to continue teaching, Bess conveyed Readacre to Dee. The valid deed read, "...to Dee and heirs provided that Readacre is used for teaching reading to illiterate adults." The next week Dee cancelled all classes and converted Readacre into a commercial winery. Last month, Bess died. Her will provided that any interest she may have in Readacre passes to Lucy. This jurisdiction applies the common law Rule Against Perpetuities. Which of the following statements is correct?

Dee has a fee simple subject to a condition subsequent in Readacre

Today Tristan made the following inter vivos conveyance of his residence: "to Elizabeth and her heirs in two weeks." What interests are created by this conveyance?

Elizabeth receives an executory interest and Tristan retains a fee simple subject to an executory limitation.

Jayce makes the following conveyance: "I convey my fee simple absolute in Greenacre to Omar for life, then to Stella for life, then to the heirs of Omar." Which of the following statements is correct?

Jayce has retained a reversion.

Silas was a wealthy entrepreneur and owned several parcels of land around the country. He was particularly fond of Wateracre, a parcel that encompassed four small lakes and several streams. Silas was divorced but maintained close ties with his adult son, Luke. Luke has a daughter, Cora. Silas also was very close to his lifelong friend, Kaleb. Last month, Silas executed a valid deed. The instrument provided that Silas granted Wateracre "to Luke for life, then to my grandchildren for life, then to Kaleb and heirs." Silas died last week. When he died, Silas was 108, Luke was 91, and Cora was 75. This jurisdiction applies the Rule in Shelley's Case and the common law Rule Against Perpetuities. Which of the following correctly identifies the interests created by Silas's will?

Luke received a life estate and Kaleb received a vested remainder in fee simple.

Isabella owned two parcels of land (Greenacre and Forestacre). Isabella's three best friends were Elena, Natalie, and Cora. In celebration of her fiftieth birthday, Isabella made the following two inter vivos conveyances:(1) "Greenacre to Elena for life, then to Natalie and her heirs, but if Amy does not survive Lydia, then to Cora;" and (2) "Forestacre to Elena for life, then to Natalie and her heirs if Amy survives Lydia and if not then to Cora." Which of the following statements is correct?

Natalie has a vested remainder in Greenacre and a contingent remainder in Forestacre

Carl has an executory interest.

Obe conveyed Greenacre to "Ben so long as it is used as a school, and if such use ever ceases, then to Carl, if living." At the time of the grant, Ben is 90 years old and Carl is five years old. In a jurisdiction that applies the common law Rule Against Perpetuities, which of the following is correct?

Oren holds a fee simple absolute. Oren conveys "to Gail for life, then to Mel for life, then to Mel's firstborn child for life." Mel has no children. Which of the following is correct?

Oren has a reversion.

Oren holds a fee simple absolute. Oren conveys "to Ted for life, then to Ted's first child to graduate from high school and his heirs." (Ted has a 15-year-old son, Ken, presently in the 11th grade.) This jurisdiction applies the common law Rule Against Perpetuities. Which of the following is correct?

Oren has a reversion.

Oren holds a fee simple absolute. Oren conveys "to Gail and her heirs, but if the land is used as a bar, then Oren shall have the right to re-enter and retake the estate." Which of the following is correct?

Oren has a right of entry.

Oren holds a fee simple absolute. Oren conveys "to Mary for life, then to Pip and his heirs so long as the land is used as a park." Which of the following is correct?

Pip has a vested remainder in fee simple determinable.

Pip has always been close to his two nephews, Dan and Eric. Dan and Eric are the sons of Pip's sister, Sara. Pip and Sara rarely get along and have been estranged from each other for some time. If Sara dies at this time, Dan and Eric would be her only heirs. Sara becomes sick and has little hope of surviving. Believing Sara will live only a few days, Pip conveys Greenacre to "Sara and her heirs." Sara miraculously recovers. Who owns Greenacre?

Sara in fee simple.

Austin owned a five acre parcel of desert land. Last week, Austin made the following conveyance of the parcel: "to Stella for life, then to Maya for life, then to the heirs of Stella." This jurisdiction applies the Rule in Shelley's Case. Which of the following statements is correct?

Stella received a life estate and a vested remainder.

Odis conveys Redacre to "Sam for life, then to Ted for life, then to Sam's children for life, then to Uria and her heirs." Sam has a five-year-old son, Yao. This jurisdiction applies the Rule in Shelley's Case. Which of the following statements is not correct?

Ted has a contingent remainder.

Greenacre, a large farm, has been in Zachary's family for the past four generations. Zachary holds fee simple title to Greenacre. Recently, an extended drought destroyed Zachary's corn crop. Unable to meet his financial obligations, Zachary has consented to sell Greenacre to his cousin Xavier. However, Zachary wants the farm to stay in the family and is very concerned that Xavier may be tempted to sell Greenacre to a large farm conglomerate. Yesterday, Zachary made the following conveyance: "I, Zachary, grant Greenacre to Xavier and heirs on the condition that the land is never sold." Which of the following statements is correct?

Xavier received a fee simple absolute.