Estates in Land and Future Interests Part I

1-3 Is there something wrong with the following sentence? If so, correct it. "All of the heirs gathered at the lawyer's office to learn what the decedent had left them in his will.

"Heirs" are those who take in the absence of a will. "Devisees" are those who take under a will.

2-31 " My husband devised to me a life estate in the house he owned at his death. He devised all of the rest of his property to his son by his first marriage. I have been living in the house for the ten years since he died. However, I am beginning to have health problems, and I want to move to the town where my daughter and her family live. Yesterday, I put a 'For Rent' sign in the front yard and last night my husband's son by his first marriage, Bob, called me. He said that I can't rent the house. He said that if I move out, the house goes to him. But I need the rental income from the house because I'll have to rent an apartment in my daughter's town. Is Bob right?"

"No, Bob isn't right, and you can rent the house. When your husband devised all of his other property to Bob, Bob received the right to the house after you die. However, as long as you live, you have the possessory estate, and that right includes the right to lease it to someone else. If you were to die during the lease period, your tenant's rights under the lease would end though, so you'll want to be candid with a prospective tenant about that possibility. As a practical matter, that possibility might affect your market and perhaps the amount of rent you can expect, but you may well find a tenant who isn't concerned about the possibility of having to move at some point."

11-20 Answer the client's question. "My husband, James, died last month, and I am the executor of his estate. I have to list the estate's assets and file the list with the Probate Court. About ten years ago, my husband's sister died. A clause in her will said, 'I leave my property at 114 Dalmont Street to my sister Jennifer for life, and then to my brother James for life, and then to my niece Clara.' Do I list this property as one of the estate's assets?"

"No. James had a life estate, which ended when he died. Whether or not Jennifer is still living, James's life estate ended with his death, so no interest in 114 Dalmont Street is part of his estate."

11-21 Answer the client's question. "My mother owned a farm in Collier County. She inherited the land from her father, Frank Lange, who farmed it all his life. The deed to her father says, 'To Frank Lange and his heirs so long as he does not cease farming the land.' My mother never farmed the land. She has now died, and I am her only heir. Does someone else have a claim to the land? And if the land is mine, must I farm it?"

"The deed to your grandfather provided that the land would revert to his grantor if your grandfather failed to farm the land. Assuming that your grandfather always farmed the land, neither the grantor nor the grantor's successors can claim it. By its terms, the condition did not apply to your mother, nor does it apply to you. You need not farm the land."

6-33 Answer the client's question. "My parents' wills devised their farm to my brother, Jim. The will said this: 'We give the farm to Jim as long as he farms the property. If he ever stops farming the property, we give it to our daughter, Janice.' Jim was in a car accident and he is now permanently disabled. He can no longer farm the land. Who owns the farm now? If I (Janice) own it, what happens if I don't farm it?" [Since the conveyance to Jim does not include the words "for life," we will assume that the grantor intended to convey a fee simple determinable rather than a life estate determinable.]

"The will gave Jim a fee simple determinable and gave you an executory interest in fee simple absolute. This means that if Jim stops farming the land, even if it's for a good reason, his possessory estate automatically ends and you automatically become the owner. The way the will is worded, you have no limitation on your ownership. That means that you do not have to farm the land. A fee simple owner can sell the land, rent it, give it away, let it lie fallow, develop it, farm it, or use it in any other lawful way. If you want to sell it or keep it, using it and its proceeds entirely for yourself, you can do that. Or, if you think that your parents would have wanted you to farm the land and you're willing to farm it, you can do that. If you think they'd rather that you sell it and divide the proceeds with Jim, you can do that as well. You can also convey the land back to Jim, free of the farming limitation. You might want to talk to Jim about the situation before you decide."

11-22 Answer the client's question. "I hold some land originally bought by my grandfather, and I've always heard that it's something called a 'fee tail.' I don't have any children. As a matter of fact, I am the last generation of my family. I want to devise the property to the city so they can make it a park, but someone told me that I can't do that. Is that right?"

"Well, yes and no. Land held in fee tail must pass to the lineal descendants of the holder. If the line ends, the land reverts to the original grantor or passes to a different person entirely - someone set out in the original conveyance that created the fee tail years ago. However, modern law allows you to end the fee tail status by conveying the land to someone else during your lifetime. If you do, that person will not be bound by the fee tail status. He or she will have a normal (fee simple) ownership status. Since you want to keep the land during your life and then devise it by your will, you can convey the land to a straw person, who will immediately reconvey to you. You will then have a fee simple estate, and you can transfer the land to the city by your will. If you'd like, I can arrange for a straw person, and we can take care of the two conveyances here in my office."

3-33 Answer the client's question. "I was chasing my dog, who had run onto a lot with a boarded-up church building on it. I fell into an open hole on the property and broke my spine. I have lots of medical bills and since I haven't been able to work, I have no way to pay them. I went down to the courthouse to see who owns the property and I found a deed that read 'Alicia Baker conveys to the First Congregational Church for so long as the property is used for church purposes.' As far as I can tell, the First Congregational Church has closed, and all its members have gone to other churches. I don't think the church has any assets anymore. Is there anyone other than the church who might be responsible for my injuries?"

"What Ms Baker conveyed to the church is a fee simple determinable, which lasts only until the land is no longer used as a church. Since that triggering event (the cessation of use as a church) appears to have happened, the possessory estate had probably already returned to Ms Baker by the time of your injury. Therefore, Ms Baker may be liable for injuries sustained on the property, even if she didn't know that the church had closed and even if no other documents had been filed at the Courthouse." [Note: In some jurisdictions, statutes would cover this question and might alter the result.]

2-29 "I have a 30 year lease on property located at Interstate Exit 109, and my lease allows me to build a gas station on the property. I want to use the property for a gas station and I was about to talk to an architect about drawing up plans to build it. But I've just discovered that the deed of my lessor (the man who leased me the property) says that he has something called a 'life estate' in the property. Should I be concerned?"

"Yes, you should be concerned. If your lessor has only a life estate in the property, your lease will end when your lessor dies. Even if your lessor is young and healthy, accidents happen. You don't want to invest a lot of money in improvements to the property without knowing whether you'll be able to recoup the investment. The first thing to do is to confirm that your lessor has only a life estate. If so, you should find out who owns the other interests in the property. If you can negotiate a leasehold interest from all other owners, you can proceed safely. If not, you should reconsider."

3-34 Answer the client's question. "I have taken a job working in Spain and I expect to be living in Madrid for a long time, maybe for the rest of my life. I don't want to rent my US house because I won't be in the country to take care of it. Frankly, I don't expect to ever need it again. I had planned to devise it to my niece, but one never knows what life has in store, and if I did need it again, I'd like to have access to it. Is there a way that I could give it to my niece now but get it back if I move back to the States and need it again?"

"Yes. You can do one of two things: (1) You can convey to your niece a fee simple determinable that will end automatically upon your return to live in this country. Your niece will have the rights and responsibilities of an owner, but only until you return. You will be able to reclaim the property automatically, though as a practical matter, you'll want to have your niece execute a quit claim deed or a release back to you upon your return so you can establish record title. (2) You can convey a fee simple subject to a condition subsequent. The only practical difference is that this second option doesn't operate automatically. Therefore, you could return to this country and decide at that point whether to let your niece keep the property despite your return." [Note: In some jurisdictions, statutes would cover this question and might alter the result.]

6-31 Answer the client's question. "I want to have a will that leaves all of my estate, including my house, to all of my children. However, one of my children, Timothy, is severely disabled. If my daughter Christine is willing to care for him so he doesn't have to live in an institution, I want her to be able to live with him in the house. But if the care proves to be too much for Christine and Timothy has to live in an institutional setting, then I want the house to go to all the children. They can do with it as they choose then, including selling it and dividing the proceeds or arranging for one of them to buy out the interests of the others. Is this possible?"

"Yes. You can give Christine a life estate to extend for as long as she is taking care of Timothy in the home. When she is no longer able to care for him in the home, the possessory estate would pass to all of your children, and they would be able to sell or rent the property. A life estate would give Christine sufficient control over the house so she wouldn't have to involve the rest of the family in maintenance, repairs, and routine remodeling. However, she wouldn't be able to do things that would significantly decrease the value of the property in the future. That way, everyone's interests would be protected. The formal name for Christine's estate would be a possessory estate in life estate determinable (or subject to an executory limitation, depending on how we phrase it). The formal name for the future interest given to all the children together would be an executory interest in fee simple absolute."

11-23 Answer the client's question. "My grandmother's will gave her home to several people in the family. The will says, 'I give my real estate to my daughter Ruth for life, then to my brother John's son Keith for life if Keith has reached 30, then to my granddaughter, Elaine.' I am Elaine, and Ruth is my mother. Keith, who is 28, has developed a gambling addiction, and my mother and I don't want him to lose his life estate to his creditors. Is there anything we can do to prevent that?"

"You and your mother do have an option. Since Keith is not yet 30, his life estate is still contingent. You and your mother can eliminate his life estate completely if one of you conveys your interest to the other. If your mother conveys her life estate to you, her interest and your interest will merge with each other, and Keith's contingent interest will be eliminated. Of course, that would be a very serious step to take, since it would no doubt have such serious repercussions on family relations and since you may well have some legitimate moral qualms about taking his interest away from him. As the owner of all interests in the property, however, you could let him live in the home so that he could have most of the benefits of his original life estate. You would simply be protecting the land, and possibly Keith as well, from some of the consequences of the addiction. You could also convey a life estate to Keith in the future if he overcomes his addiction."

3-32 Answer the client's question. "I own a small house that I presently use as a rental unit. My daughter has just graduated from college and I want to give it to her as her first home. However, she isn't married yet, and I haven't really approved of most of the men she has dated. I want to be able to take the house back if she should marry someone I think will induce her to squander her equity in the home. How can I do that?"

"You can convey the house to your daughter until she marries (a fee simple determinable). That way, you wouldn't have to expressly condition your right to reclaim the land on your disapproval, since that would add unnecessarily to the family tension. You can explain to her that you want her to have the house to help her get started in life, but that when she marries, presumably she and her new spouse will be able to support themselves. Ultimately, if she marries someone of who you approve, you can convey the property to her without any limitation (a fee simple absolute)." [Note: The attorney would have to take particular care in drafting this conveyance. The common law frowns on conveyances that "penalize" marriage as opposed to those designed to provide support until marriage, so the conveyance and its supporting documents should clarify the latter intention.]

6-32 Answer the client's question. "My church needs to expand and I own the property right next door. I don't need it anymore and I'd like to donate the property to the church for as long as the church needs the space. If the church ever doesn't need the space, I'd like the property to go to the Bibb County Library. How can this be arranged?"

"You can convey to the church what's called a fee simple determinable and convey to the Bibb County Library a future interest called an executory interest. You'll have to decide exactly what limitation to put on the church. For instance, do you want the possessory estate to go to the library if the church stops using the land for worship, religious education, and fellowship, or would you still want the church to be able to 'use' the property by renting it out and collecting the proceeds? As soon as you decide precisely what limitation you want to place on the church, we can draft a conveyance that will do exactly what you wish."

2-30 "I have been diagnosed with a terminal illness and I want to arrange my financial affairs in preparation for my death. My husband and I live in my parents' house, which they devised to me when they died. I own the house in fee simple. I want to be sure that my husband, who is disabled, can live in that house for the rest of his life. Upon his death, I want the house to go to my son by my first marriage. How can I arrange that?"

"You can grant your husband a life estate in the property now. Then you can devise to your son all your remaining interest in the property. If you don't want to dispose of your possessory estate before you die, you can devise a life estate to your husband and devise all remaining interest to your son." (There are several ways to accomplish the client's goal. The answer above sets out a way that uses the material we have studied in this chapter.)

11-3 In order for the doctrine of merger to combine two vested interests, what two criteria must be met?

(a) They must come into the hands of the same person. (b) They must not be separated by another vested interest.

5-17 In column 3 on the chart, how do we decide whether to work above the line or below the line?

(a) by deciding whether to work above or below the line in column 2 and then following the arrow or (b) by observing whether the interest column 3 describes is in a grantor or in a grantee. If it is in the grantor, work above the line; if it is in a grantee, work below the line.

1-9 Is there something wrong with the following sentence? If so, correct it. "Since Harold did not have a will, Maude is the devisee of his entire estate."

A "devisee" is one who receives real property under a will. Maude is the "heir" of Harold's estate.

2-11 What is the duration of B's estate (if any)? O conveys to A and the heirs of his body. Then A conveys to B. (Assume original fee tail.)

A (the owner of a fee tail in its original form) can convey only the right to possess the land during A's life. Therefore, B's estate will last only until A dies.

1-2 What is a "devisee"?

A beneficiary of real property under a will.

5-8 What is a condition precedent?

A condition that (a) is set out within the description of a particular estate and (b) must be satisfied before that estate can become possessory.

5-5 How can you recognize a contingent remainder?

A contingent remainder is unascertained or it contains a condition precedent or both.

3-4 Which kind of estate ends automatically upon the happening of a limiting condition: a determinable estate or an estate subject to condition subsequent?

A determinable estate

3-9 As between a determinable estate and an estate subject to a condition subsequent, which uses the condition as the durational marker defining the length of the estate granted?

A determinable estate

6-4 To whom does an executory interest belong?

A grantee

2-9 What is the duration of B's estate (if any)? O conveys to A and his heirs. (B is A's only child.)

A has a fee simple. B has nothing.

2-26 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A and her heirs.

A has a fee simple. No one else has a right to possession either now or in the future.

2-28 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A. (Assume modern law.)

A has a fee simple. No one else has a right to possession either now or in the future.

2-24 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A and the heirs of his body.

A has a fee tail. O has the right to possession after A's issue die out.

2-27 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A for the life of B.

A has a life estate pur autre vie. O has the right to possession after B (the measuring life) dies.

2-25 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A for life.

A has a life estate. O has the right to possession after A dies.

9-4 Give the state of the title. O to A for ten years, then to B, but if B has not yet graduated from law school, then to C.

A has a possessory estate for a term of years. B has a vested remainder (subject to divestment) in fee simple subject to executory limitation. C has a shifting executory interest in fee simple absolute.

9-6 Give the state of the title. T (Testator) to A for five years, then to B, but if, after taking possession, B ever fails to place a red rose on T's grave on T's birthday, then to C.

A has a possessory estate for a term of years. B has a vested remainder in fee simple subject to an executory limitation. C has a shifting executory interest in fee simple absolute.

7-13 What is the state of the title? O to A for ten years, then to B and her heirs, but if B divorces, then to C after A's estate has ended and until C ceases to live on the property, then to D.

A has a possessory estate for a term of years. B has a vested remainder subject to divestment in fee simple subject to executory limitation. C has an executory interest in fee simple determinable. D has an executory interest in fee simple absolute.

8-13 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for ten years, then to B, provided that B never allows a meeting of the Green Party to occur on the property.

A has a possessory estate in a term of years. B has a vested remainder in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

8-9 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for two years, then to B if B clears the property of all the garbage A leaves behind.

A has a possessory estate in a term of years. O has a reversion in fee simple subject to an executory limitation. B has a springing executory interest in fee simple absolute.

5-43 What is the state of the title? O to A and her heirs until B reaches 25. (B is 12.)

A has a possessory estate in fee simple determinable and O has a possibility of reverter in fee simple absolute.

5-45 What is the state of the title? O to A and her heirs so long as A never uses illegal drugs.

A has a possessory estate in fee simple determinable and O has a possibility of reverter in fee simple absolute.

9-5 Give the state of the title. O to A and her heirs as long as the land is used for educational purposes, but if the land is not used for educational purposes, then to B and his heirs.

A has a possessory estate in fee simple determinable. B has a shifting executory interest in fee simple absolute.

9-3 Give the state of the title. O to A and her heirs as long as the land is used for educational purposes.

A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

5-44 What is the state of the title? O to A and her heirs, but if A divorces, then to O.

A has a possessory estate in fee simple subject to a condition subsequent and O has a right of entry in fee simple absolute.

5-46 What is the state of the title? O to A and her heirs, but if B reaches 25, then to O. (B is 15.)

A has a possessory estate in fee simple subject to a condition subsequent and O has a right of entry in fee simple absolute.

9-7 Give the state of the title. O to A and her heirs, but if she stops using the land for educational purposes, then to O.

A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

9-17 Give the state of the title. O to A, but if A mines the property, then to B and her heirs.

A has a possessory estate in fee simple subject to an executory limitation. B has a shifting executory interest in fee simple absolute.

5-41 What is the state of the title? O to A for life, then to B.

A has a possessory estate in life estate and B has a vested remainder in fee simple absolute.

5-42 What is the state of the title? O to A for life, then to O.

A has a possessory estate in life estate and O has a reversion to fee simple absolute.

5-47 What is the state of the title? O to A for life, but if an interstate highway is built within one mile of the property, then to O.

A has a possessory estate in life estate subject to a condition subsequent and O has a reversion in fee simple absolute. [O actually has two interests: a reversion (because A's estate is a life estate) and a right of entry (because the life estate is also subject to a condition subsequent). We call O's interest the larger of these two: a reversion.]

8-4 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then to A's oldest child for life, provided that if A or A's oldest child should join a cult during either of the life estates, then to C for life. (A has one child, B.)

A has a possessory estate in life estate subject to an executory limitation. B has a vested remainder in life estate subject to an executory limitation. C has a shifting executory interest in life estate. O has a reversion in fee simple absolute.

8-12 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then to A's youngest son for life or until he ceases to use the property for his primary residence. (A has two sons.)

A has a possessory estate in life estate. A's youngest son has a contingent remainder in life estate determinable (the holder is unascertained because A might have more children). O has a reversion in fee simple absolute.

7-15 What is the state of the title? O to A for life, then to B if B survives A, but if B does not survive A, then to C if C has survived A, but if neither B nor C has survived A, then to D.

A has a possessory estate in life estate. B has a contingent remainder in fee simple absolute. C has a contingent remainder in fee simple absolute. D has a contingent remainder in fee simple absolute.

9-9 Give the state of the title. O to A for life, then to B if B survives A, but if B does not survive A, to C's children. (C has no child.)

A has a possessory estate in life estate. B has a contingent remainder in fee simple absolute. C's children have a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute.

9-14 Give the state of the title. O to A for life, then to B if B is then married to C. (B is married to C.)

A has a possessory estate in life estate. B has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute.

9-10 Give the state of the title. O to A for life, then to B if B survives A, but if B does not survive A, to C's children. (C has a child, X).

A has a possessory estate in life estate. B has a contingent remainder in fee simple absolute. X has a contingent remainder in fee simple subject to open.

8-7 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then to B, on condition that B never uses illegal drugs, and if B uses illegal drugs, then his interest will cease and be replaced by an estate to C and her heirs.

A has a possessory estate in life estate. B has a vested remainder (subject to divestment) in fee simple subject to executory limitation. C has a shifting executory interest in fee simple absolute.

7-16 What is the state of the title? O to A for life, then to B for ten years, then to C's children, but if none of C's children are then living, to D. (C is alive and has one child, X, at the time of the conveyance.)

A has a possessory estate in life estate. B has a vested remainder for a term of years. X has a vested remainder subject to divestment in fee simple subject to executory limitation and subject to open. D has an executory interest in fee simple absolute.

9-1 Give the state of the title. O to A for life, then to B and his heirs, then to C and his heirs.

A has a possessory estate in life estate. B has a vested remainder in fee simple absolute. C has nothing.

7-17 What is the state of the title? O to A for life, then to B if B has married, but if B has never married, then to C for two years, then to D and her heirs. (At the time of the conveyance, B is married.)

A has a possessory estate in life estate. B has a vested remainder in fee simple absolute. C has nothing. D has nothing.

7-14 What is the state of the title? O to A for life, then to B and his heirs while B is using the property for a law office, then to C; however, if C does not marry by age 35, then C's estate ends.

A has a possessory estate in life estate. B has a vested remainder in fee simple determinable. C has an executory interest in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute. (Some sources would say that O has a reversion following a series of contingent interests.)

8-8 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. T devises "to A for life, then to B, but if B should ever use the property as a rental, then to C."

A has a possessory estate in life estate. B has a vested remainder in fee simple subject to an executory limitation. C has a shifting executory interest in fee simple absolute.

9-15 Give the state of the title. O to A for life, then to B, but if B does not serve as the executor of A's estate, then to C.

A has a possessory estate in life estate. B has a vested remainder in fee simple subject to an executory limitation. C has a shifting executory interest in fee simple absolute.

9-11 Give the state of the title. O to A for life, then to B, but if B ever allows A to be moved into a nursing home, then to C.

A has a possessory estate in life estate. B has a vested remainder subject to divestment in fee simple subject to executory limitation. C has a shifting executory interest in fee simple absolute.

9-2 Give the state of the title. O to A for life, then to B's heirs, then to C's heirs.

A has a possessory estate in life estate. B's heirs have a contingent remainder in fee simple absolute. C's heirs have a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute.

8-10 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then to B and her heirs if B probates A's estate.

A has a possessory estate in life estate. O has a reversion in fee simple subject to an executory limitation. B has a springing executory interest in fee simple absolute.

8-14 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then to B if B delivers a eulogy at A's funeral.

A has a possessory estate in life estate. O has a reversion in fee simple subject to an executory limitation. B has a springing executory interest in fee simple absolute.

9-16 Give the state of the title. O to A for life, then to B if B adopts A's surviving children.

A has a possessory estate in life estate. O has a reversion in fee simple subject to an executory limitation. B has a springing executory interest in fee simple absolute.

8-11 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A for life, then one day later, to C and his heirs.

A has a possessory estate in life estate. O has a reversion in fee simple subject to an executory limitation. C has a springing executory interest in fee simple absolute.

9-13 Give the state of the title. O to A for life, then to the person who is then Dean of O's law school.

A has a possessory estate in life estate. The Dean has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute.

8-3 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A; however, if B obtains her Ph.D., then to B and her heirs.

A has a possessory interest in fee simple subject to an executory limitation. B has a shifting executory interest in fee simple absolute.

5-48 What is the state of the title? O to A for life or until A divorces, then to O.

A has a possessory interest in life estate determinable and O has a reversion in fee simple absolute. [O actually has two interests: a reversion (because A's estate is a life estate) and a possibility of reverter (because the life estate is also determinable). We call O's interest the larger of these two: a reversion.]

7-12 What is the state of the title? O to A for life, then to B for life, then to C and her heirs; however, if C ever uses the land for a rental, then to O.

A has a possessory interest in life estate. B has a vested remainder in life estate. C has a vested remainder in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

2-23 State what interest A has and whether someone other than A has an interest in the property. If so, who and why? O to A for two years.

A has a term of years. O has the right to possession after A's term of years ends.

2-18 For each person other than O mentioned, state whether that person has an interest in the property. O to A and the heirs of his body. A has two sons (B and C) and two grandchildren (D and E).

A has an interest.

2-19 For each person other than O mentioned, state whether that person has an interest in the property. O to A and her heirs. A has a husband (B) and one child (C).

A has an interest.

2-20 For each person other than O mentioned, state whether that person has an interest in the property. O to A for the life of B.

A has an interest.

2-21 For each person other than O mentioned, state whether that person has an interest in the property. O to A. A has no husband and no children but has a living father and mother. (Assume modern law.)

A has an interest.

3-31 Who has the right to possession at the end of each of the following series of events? Conveyance: "O to A; however, if A graduates from law school, then back to O." Two years later, A graduates from law school. O makes no attempt to retake the property.

A has the right to possession because A's estate was a fee simple subject to a condition subsequent, which does not end automatically. O must take some action to reclaim the land.

1-16 Is there something wrong with the following sentence? If so, what? "All of Barbara's heirs are coming to visit her this summer."

A living person has no heirs.

7-3 What does it mean to say that a remainder given to a class is "closed"?

A remainder given to a class is "closed" if no additional members can be added to the class.

7-2 What does it mean to say that a remainder is "subject to open"?

A remainder is "subject to open" if it is given to a class that could expand.

5-15 Distinguish between a remainder and a reversion.

A remainder is a future interest created when a grantor conveys an inherently limited possessory estate and, in the same conveyance, conveys the future interest to a second grantee. A reversion is a future interest created when a grantor conveys an inherently limited possessory estate and retains the future interest.

7-1 What does it mean to say that a vested remainder is subject to divestment?

A vested remainder is subject to divestment if the divesting condition could happen before the remainder becomes possessory.

5-6 What two characteristics define a vested remainder?

A vested remainder's holder is ascertained and it has no condition precedent.

5-39 Do A's heirs have any property interest as a result of the following conveyance? If so, what is it? O to A for life, then to A's heirs.

A's heirs have a contingent remainder.

5-40 Do A's heirs have any property interest as a result of the following conveyance? If so, what is it? O to A and her heirs.

A's heirs have nothing. "And her heirs" simply identifies the nature of A's estate: a fee simple.

3-8 As between a determinable estate and an estate subject to a condition subsequent, which allows the grantor to postpone the decision about whether to enforce the condition?

An estate subject to a condition subsequent

3-10 In which estate does the occurrence of the condition interrupt the prior estate: a determinable estate or an estate subject to condition subsequent?

An estate subject to condition subsequent

3-5 Which kind of estate does not end automatically upon the happening of a limiting condition: a determinable estate or an estate subject to condition subsequent?

An estate subject to condition subsequent

6-5 Distinguish between an executory interest and a right of entry or possibility of reverter.

An executory interest is a future interest held by a grantee, while a right of entry or possibility of reverter is a future interest retained by the grantor.

1-11 What is the term for a person's parents, grandparents, and great-grandparents?

Ancestors

2-10 What is the duration of B's estate (if any)? O conveys to A for life. Then A conveys to B.

B has a life estate pur autre vie. A is the measuring life. B's life estate will last until A dies.

2-17 What is the duration of B's estate (if any)? O conveys to A for life. Then A dies, devising her entire estate to B.

B has no estate. Upon the death of A, the life estate ended.

2-16 What is the duration of B's estate (if any)? O conveys to A and the heirs of her body. Then A dies, devising her entire estate to her husband, B. A has one child, C.

B has no estate. Upon the death of the holder, a fee tail passes automatically to the holder's issue without regard to the terms of the holder's will. C has the right to possession.

2-15 What is the duration of B's estate (if any)? O conveys to A for life. In 1993, A conveys to B for two years. A dies in 2001.

B's estate ended in 1995.

2-13 What is the duration of B's estate (if any)? O conveys to A for life. Then A conveys to B for two years. One month later, A dies.

B's estate ends when A dies.

2-14 What is the duration of B's estate (if any)? O conveys to A and his heirs. Then A conveys to B for two years. One year later, A dies.

B's estate is unaffected by A's death. B has one more year of possession left.

2-12 What is the duration of B's estate (if any)? O conveys to A for ten years. Then A immediately conveys to B.

B's estate will last for the remainder of the ten years.

1-12 Fill in the blank. Hazel's will left a _____ [an item of personal property disposed of by a will] to her brother.

Bequest

6-7 What are the common words of express condition that signal an estate subject to an executory limitation (followed by an executory interest)?

But if, however, on condition that, provided that

3-7 Name four examples of words or phrases of "express condition," that is, words or phrases that signal an estate subject to a condition subsequent.

But if, provided that, on condition that, however

9-12 Give the state of the title. First conveyance: O to A for life, then to B and her heirs. Second conveyance: A to C. Now classify the estates and interests.

C has a possessory estate in life estate pur autre vie. B has a vested remainder in fee simple absolute.

2-22 For each person other than O mentioned, state whether that person has an interest in the property. O to A for life. Then A conveys to B. B dies intestate with one heir, C.

C has an interest.

1-14 Name some examples of a person's "issue".

Children, grandchildren, great-grandchildren

7-10 State whether the remainder given to a class is subject to open or closed. O to A for ten years, then to the 2001 graduates of State University Law School. (The conveyance was made in 2002.)

Closed

7-9 State whether the remainder given to a class is subject to open or closed. Conveyance in a testator's will: T (Testator) to A for life, then to T's children. (T has one child, B.)

Closed (T is dead and can have no more children.)

1-1 What is the term for relatives like aunts, uncles, cousins, brothers, and sisters?

Collaterals

5-61 State whether - after the factual developments described - the remainder is vested or contingent. "O to A for life, then if B has died childless, to whoever is the Dean of State University Law School at the time of A's death." Then B dies childless.

Contingent

7-5 Is B's remainder (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory? O to A for ten years, then to B for life if B has never owned a tavern, then to C.

Contingent

5-59 State whether - after the factual developments described - the remainder is vested or contingent. "O to A for life, then to A's oldest surviving child who has attained the age of 21." Then A's oldest child attains the age of 21.

Contingent (A condition precedent remains: The child must survive A.)

5-9 What are "alternative contingent remainders"?

Contingent remainders are "alternative" when they each follow the same estate and when their conditions precedent are the opposite of each other, so that the vesting of one precludes the vesting of the other.

1-7 Fill in the blank. The _____ [dead person] had no heirs.

Decedent

11-2 What is the name of the doctrine that causes a contingent remainder to fail if its contingencies are not resolved by the time all prior estates have ended?

Destruction of contingent remainders

1-4 Fill in the blank. Anne Smith has made an appointment with her lawyer to have her will drawn. She intends to _____ her house to her son.

Devise

1-15 Francine had never married. She died without a will, and all of her blood relatives had died many years before. Therefore, her property will _____ to the state.

Escheat

6-1 If the future interest following a fee simple determinable is in a second grantee, what is it called?

Executory interest

6-2 What do we call the future interest following a fee simple subject to an executory limitation?

Executory interest

6-3 What do we call a second grantee's future interest when it follows a conveyance like "to A and her heirs until B retires from the Army"?

Executory interest

3-2 What are the inherently limited estates?

Fee tail, life estate, term of years

3-3 What kinds of estates "end naturally"?

Fee tail, life estate, term of years

1-5 Fill in the blank. Jeremy Parker died _____ [without a will].

Intestate

1-10 What is the term for a person's children and grandchildren?

Issue

11-4 What happens to a contingent remainder that is placed between two vested interests combined by the doctrine of merger?

It ceases to exist.

5-16 In column 2 on the chart, how do we decide whether to work above the line or below the line?

Look to see if the next estate is held by the grantor or a grantee. If it is held by the grantor, work above the line. If it is held by a grantee, work below the line.

11-1 What is the name of the doctrine that combines two or more vested interests when they come into the hands of the same person and are not separated by a vested interest held by someone else?

Merger

5-51 Has O retained an interest? O to A for life, then to B.

No

5-53 Has O retained an interest? O to A for life, then to B if B has married. (B is presently married.)

No

5-57 Has O retained an interest? O to A and the heirs of her body, then to B.

No

11-6 Does the doctrine of merger apply? Why or why not? O to A for life, then to B for life, then to C. Subsequently C conveys to A.

No. B's vested interest prevents merger.

11-7 Does the doctrine of merger apply? Why or why not? O to A for life, then to B if B is then married, otherwise to C. Subsequently C conveys to A. (B is not married.)

No. C's interest is not vested.

11-8 Does the doctrine of merger apply? Why or why not? O to A for ten years, then to B for life if B is then married, then to A.

No. The interests were created in the same document, and the two vested estates are separated by a contingent estate.

11-5 If a future interest subject to divestment becomes possessory, do we still say it is "subject to divestment"?

No. The term "subject to divestment" refers only to interests that can be divested before becoming possessory.

4-1 What future interest remains after O conveys a fee simple absolute?

None

1-17 David's father has just written a will naming David as the sole beneficiary of the family business. What property interest does David have as a result of being named in the will?

None. A will creates no interests in property until the testator dies.

11-17 State the title both at the time of the conveyance and after each subsequent factual development. O (who owns in fee tail) to A. (Assume modern law.) Then A conveys to O.

O (who owns in fee tail) to A. (Assume modern law.) A has a possessory estate in fee simple absolute. Then A conveys to O. O has a possessory estate in fee simple absolute.

8-5 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O to A when A reaches 30. (A is 16.)

O has a possessory estate in fee simple subject to an executory limitation. A has a springing executory interest in fee simple absolute.

8-6 State the complete name of every interest held by someone. Where the conveyance contains an executory interest, distinguish between shifting and springing executory interests. O "to my brother if and when he survives his wife."

O has a possessory estate in fee simple subject to an executory limitation. A has a springing executory interest in fee simple absolute.

9-8 Give the state of the title. O to A if she graduates from law school. (A has not yet graduated from law school.)

O has a possessory estate in fee simple subject to an executory limitation. A has a springing executory interest in fee simple absolute.

3-30 Who has the right to possession at the end of each of the following series of events? Conveyance: "O to A until A graduates from law school, then back to O." Two years later, A graduates from law school. O makes no attempt to retake the property.

O has the right to possession because A's estate was a fee simple determinable, which ended automatically.

4-19 What is the complete name for the grantor's future interest? O to A and her heirs during the time that A refrains from divorcing B, then back to O.

O to A and her heirs during the time that A refrains from divorcing B, | then back to O. A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

4-12 What is the complete name for the grantor's future interest? O to A and her heirs so long as A does not divorce B, but if A divorces B, then back to O.

O to A and her heirs so long as A does not divorce B, | but if A divorces B, then back to O. A has a possessory estate estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

3-12 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and her heirs so long as A does not divorce B, but if A divorces B, then back to O.

O to A and her heirs so long as A does not divorce B, | but if A divorces B, then back to O. A has a possessory estate in fee simple determinable.

6-25 What is the state of the title? O to A and her heirs until B reaches 25, then to B.

O to A and her heirs until B reaches 25, | then to B. | A has a possessory estate in fee simple determinable. B has an executory interest in fee simple absolute.

6-13 What is the state of the title? O to A and her heirs until no longer used for a church, then to B.

O to A and her heirs until no longer used for a church, | then to B. A has a possessory estate in fee simple determinable. B has an executory interest in fee simple absolute.

6-16 What is the state of the title? O to A and her heirs, provided that the land is always farmed.

O to A and her heirs, | provided that the land is always farmed. | A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

6-26 What is the state of the title? O to A and her heirs; however, if B reaches 25, then to B.

O to A and her heirs; | however, if B reaches 25, then to B. | A has a possessory estate in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

6-15 What is the state of the title? O to A and her heirs; however, if used for a pool hall, then to B and his heirs.

O to A and her heirs; | however, if used for a pool hall, then to B and his heirs. | A has a possessory estate in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

3-19 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and her heirs during the time that A refrains from divorcing B, then back to O.

O to A and his heirs during the time that A refrains from divorcing B, | then back to O. A has a possessory estate in fee simple determinable.

4-22 What is the complete name for the grantor's future interest? O to A and his heirs for so long as A cares for B on the premises.

O to A and his heirs for so long as A cares for B on the premises. | A has a possessory interest in fee simple determinable. O has a reversion in fee simple absolute.

3-22 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and his heirs for so long as A cares for B on the premises.

O to A and his heirs for so long as A cares for B on the premises. | A has a possessory estate in fee simple determinable.

4-18 What is the complete name for the grantor's future interest? O to A and his heirs while A refrains from divorcing B.

O to A and his heirs while A refrains from divorcing B. | A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

3-18 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and her heirs while A refrains from divorcing B.

O to A and his heirs while A refrains from divorcing B. | A has a possessory estate in fee simple determinable.

4-13 What is the complete name for the grantor's future interest? O to A and his heirs, but if A divorces B, then to O.

O to A and his heirs, | but if A divorces B, then back to O. A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

3-13 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and his heirs, but if A divorces B, then to O.

O to A and his heirs, | but if A divorces B, then to O. A has a possessory estate in fee simple subject to a condition subsequent.

6-11 What is the state of the title? O to A and his heirs, but if A does not graduate from college, then to B.

O to A and his heirs, | but if A does not graduate from college, then to B. | A has a possessory estate in fee simple subject to executory limitation. B has an executory interest in fee simple absolute.

6-28 What is the state of the title? O to A and her heirs, on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B.

O to A and his heirs, | on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B. | A has a possessory estate in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

4-15 What is the complete name for the grantor's future interest? O to A and his heirs, provided that A doe snot divorce B, then to O.

O to A and his heirs, | provided that A does not divorce B, then to O. A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

3-15 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and his heirs, provided that A does not divorce B, then to O.

O to A and his heirs, | provided that A does not divorce B, then to O. A has a possessory estate in fee simple subject to a condition subsequent.

4-29 What is the complete name for the grantor's future interest? O to A and the heirs of her body so long as the land is farmed, but if the land ceases to be farmed, then back to O.

O to A and the heirs of her body so long as the land is farmed, | but if the land ceases to be farmed, then back to O. A has a possessory estate in fee tail determinable. O has a reversion in fee simple absolute.

3-29 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and the heirs of her body so long as the land is farmed, but if the land ceases to be farmed, then back to O.

O to A and the heirs of her body so long as the property is farmed, | but if the land ceases to be farmed, then back to O. A has a possessory estate in fee tail determinable.

4-24 What is the complete name for the grantor's future interest? O to A and the heirs of her body.

O to A and the heirs of her body. | A has a possessory estate in fee tail. O has a reversion in fee simple absolute.

6-18 What is the state of the title? O to A and the heirs of his body. (Assume the original version.)

O to A and the heirs of his body. | A has a possessory estate in fee tail. O has a reversion in fee simple absolute.

3-24 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A and the heirs of his body.

O to A and the heirs of his body. | A has a possessory estate in fee tail.

6-22 What is the state of the title? O to A for 25 years if A so long live.

O to A for 25 years if A so long live. | A has a possessory estate in a term of years determinable. O has a reversion in fee simple absolute.

4-27 What is the complete name for the grantor's future interest? O to A for 30 years while A resides on the premises.

O to A for 30 years while A resides on the premises. | A has a possessory estate in a term of years determinable. O has a reversion in fee simple absolute.

3-27 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A for 30 years while A resides on the premises.

O to A for 30 years while A resides on the premises. | A has a possessory estate in a term of years determinable.

6-23 What is the state of the title? O to A for 49 years or until the land lies fallow, whichever is first, then to B.

O to A for 49 years or until the land lies fallow, whichever is first, | then to B. | A has a possessory estate in a term of years determinable. B has a vested remainder in fee simple absolute.

4-23 What is the complete name for the grantor's future interest? O to A for life or until B graduates from medical school.

O to A for life or until B graduates from medical school. | A has a possessory estate in life estate determinable. O has a reversion in fee simple absolute.

3-23 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A for life or until B graduates from medical school.

O to A for life or until B graduates from medical school. | A has a possessory estate in life estate determinable.

6-27 What is the state of the title? O to A for life or until B reaches 25, then to B.

O to A for life or until B reaches 25, | then to B. | A has a possessory estate in life estate determinable. B has a vested remainder in fee simple absolute. O has no future interest. [O has no reversion because B doesn't have to reach 25 in order to become possessory. The condition "until B reaches 25" is simply one way A's life estate can end. Whether A's life estate ends by A's death or by B's 25th birthday. B's future interest will become possessory. Even if B dies before A dies, B's interest will become possessory, enjoyed by B's heirs or devisees.]

12-9 Give the state of the title. O to A for life, and two years later to O's heirs.

O to A for life, and two years later to O's heirs. A has a possessory estate in life estate. O has a reversion in fee simple absolute.

12-6 Give the state of the title. O to A for life, but if A divorces, then to O's heirs.

O to A for life, but if A divorces, then to O's heirs. A has a possessory estate in life estate subject to a condition subsequent. O has a reversion in fee simple absolute (O also has a right of entry, which is incorporated within the reversion.)

12-5 Give the state of the title. O to A for life, then to A's children. (A has two children, B and C.)

O to A for life, then to A's children. (A has two children, B and C.) A has a possessory estate in life estate. B and C have a vested remainder in fee simple (subject to open).

11-15 State the title both at the time of the conveyance and after each subsequent factual development. O to A for life, then to A's first child to reach 21. (A's only child (B) is 17.) Two years later A dies.

O to A for life, then to A's first child to reach 21. (A's only child (B) is 17.) A has a possessory estate in life estate. A's first child to reach 21 has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Two years later A dies. If you apply destruction of contingent remainders, O has a possessory estate in fee simple absolute. If you do not apply destruction of contingent remainders, O has a possessory estate in fee simple subject to an executory limitation. B has a springing executory interest in fee simple absolute.

12-1 Give the state of the title. O to A for life, then to A's heirs and their heirs.

O to A for life, then to A's heirs and their heirs. A has a possessory estate in fee simple absolute.

11-13 State the title both at the time of the conveyance and after each subsequent factual development. O to A for life, then to B and his heirs, but if B ever allows strip mining on the property, then to C and her heirs. Subsequently B dies.

O to A for life, then to B and his heirs, but if B ever allows strip mining on the property, then to C and her heirs. A has a possessory estate in life estate. B has a vested remainder in fee simple subject to an executory limitation. C has an executory interest in fee simple absolute. Subsequently B dies. A has a possessory estate in life estate. B's heirs or devisees have a vested remainder in fee simple absolute. C has nothing.

12-2 Give the state of the title. O to A for life, then to B for life, then to A's heirs and their heirs.

O to A for life, then to B for life, then to A's heirs and their heirs. A has a possessory interest in life estate. B has a vested remainder in life estate. A has a vested remainder in fee simple absolute.

12-8 Give the state of the title. O to A for life, then to B for life, then to B's heirs and their heirs.

O to A for life, then to B for life, then to B's heirs and their heirs. A has a possessory estate in life estate. B has a vested remainder in fee simple absolute.

12-4 Give the state of the title. O to A for life, then to B for life, then to O's heirs and their heirs.

O to A for life, then to B for life, then to O's heirs and their heirs. A has a possessory estate in life estate. B has a vested remainder in life estate. O has a reversion in fee simple absolute.

11-14 State the title both at the time of the conveyance and after each subsequent factual development. O to A for life, then to B if B gets married. (B is unmarried.) Two years later A conveys to O.

O to A for life, then to B if B gets married. (B is unmarried.) A has a possessory estate in life estate. B has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Two years later A conveys to O. O has a possessory estate in fee simple absolute.

11-18 State the title both at the time of the conveyance and after each subsequent factual development. O to A for life, then to B's first child and his heirs. (B has no children.) Subsequently, B and her husband (C) have a child (D), who lives for one hour. B and C have three more children (E, F, and G). Then A, B, and C die in a car accident, all without wills.

O to A for life, then to B's first child and his heirs. (B has no children.) A has a possessory estate in life estate. B's first child has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Subsequently, B and her husband (C) have a child (D), who lives for one hour. A has a possessory estate in life estate. D's heirs (B and C) have a vested remainder in fee simple absolute. B and C have three more children (E, F, and G). No change. Then A, B, and D die in a car accident, all without wills. B's and C's heirs (E, F, and G) have a possessory estate in fee simple absolute.

11-19 State the title both at the time of the conveyance and after each subsequent factual development. O to A for life, then to B, but if B gets divorced, B's interest ends. (B is not divorced.) Two years later A conveys to O.

O to A for life, then to B, but if B gets divorced, B's interest ends. (B is not divorced.) A has a possessory estate in life estate. B has a vested remainder subject to divestment in fee simple subject to a condition subsequent [the classic example of a limitation that might divest a vested remainder is a limitation over to another grantee (an executory limitation), but it is possible for a reversionary interest to divest a remainder as well.] O has a right of entry. Two years later A conveys to O. O has a possessory estate in life estate pur autre vie. B has a vested remainder subject to divestment in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute. [No merger - intervening vested estate.]

5-49 In which of these two conveyances is B's remainder vested and in which is B's remainder contingent? O to A for life, then to B, but if B has not graduated from college, then to C. O to A for life, then to B if B has graduated from college, but if not, then to C.

O to A for life, then to B, but if B has not graduated from college, then C. (Vested.) O to A for life, then to B if B has graduated from college, but if not, then to C. (Contingent.)

12-7 Give the state of the title. O to A for life, then to B. Then B conveys to A's heirs.

O to A for life, then to B. Then B conveys to A's heirs. A has a possessory estate in life estate. A's heirs have a contingent remainder in fee simple absolute. B has a reversion in fee simple absolute (because B was the grantor to A's heirs.)

12-10 Give the state of the title. O to A for life, then to B. Then B conveys to O's heirs.

O to A for life, then to B. Then B conveys to O's heirs. After the first conveyance, A has a possessory estate in life estate and B has a vested remainder in fee simple absolute. After the second conveyance, A has a possessory estate in life estate, O's heirs have a contingent remainder in fee simple absolute, and B has a reversion in fee simple absolute (because B is the grantor to O's heirs.)

12-3 Give the state of the title. O to A for life, then to O's heirs and their heirs.

O to A for life, then to O's heirs and their heirs. A has a possessory estate in life estate. O has a reversion in fee simple absolute.

11-11 State the title both at the time of the conveyance and after each subsequent factual development. (In this conveyance, be sure to notice all the reasons that the first future interest is contingent.) O to A for life, then to the Mayor of New York City if A has married, but if A never marries, then to B. (A has not yet married.) Subsequently A marries.

O to A for life, then to the Mayor of New York City if A has married, but if A never marries, then to B. (A has not yet married. A has a possessory estate in life estate. Mayor has a contingent remainder in fee simple absolute. B has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Subsequently A marries. A has a possessory estate in life estate. Mayor has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute.

4-25 What is the complete name for the grantor's future interest? O to A for life, on condition that A never sells alcohol on the property.

O to A for life, | on condition that A never sell alcohol on the property. A has a possessory estate in life estate subject to a condition subsequent. O has a reversion in fee simple absolute.

3-25 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A for life, on condition that A never sells alcohol on the property.

O to A for life, | on condition that A never sells alcohol on the property. A has a possessory estate in life estate subject to a condition subsequent.

6-24 What is the state of the title? O to A for life, then to B.

O to A for life, | then to B. | A has a possessory estate in life estate. B has a vested remainder in fee simple absolute.

6-14 What is the state of the title? O to A for life.

O to A for life. | A has a possessory estate in life estate. O has a reversion in fee simple absolute.

6-21 What is the state of the title? O to A for life; however, if A rents the property, then to B and his heirs.

O to A for life; | however, if A rents the property, the to B and his heirs. | A has a possessory estate in life estate subject to an executory limitation. B has an executory interest in fee simple absolute. O has a reversion in fee simple absolute [O has a reversion because if A doesn't rent the property, B's future interest will never become possessory and the property will revert to O after As life estate.]

11-10 State the title both at the time of the conveyance and after each subsequent factual development. O to A for ten years, then to B for life, then back to O. O subsequently conveys to C. C subsequently conveys to B.

O to A for ten years, then to B for life, then back to O. A has a possessory estate for a term of years. B has a vested remainder in life estate. O has a reversion in fee simple absolute. O subsequently conveys to B. A has a possessory estate for a term of years. B has a vested remainder in life estate. C has a reversion in fee simple absolute. C subsequently conveys to B. A has a possessory estate for a term of years. B has a reversion in fee simple absolute. [If you did not study the doctrine of merger, simply say that B has both a vested remainder in life estate and a reversion in fee simple absolute.]

11-12 State the title both at the time of the conveyance and after each subsequent factual development. O to A for ten years, then to B. Subsequently B dies, devising all her property to C.

O to A for ten years, then to B. A has a possessory estate for a term of years. B has a vested remainder in fee simple absolute. Subsequently B dies, devising all her property to C. A has a possessory estate for a term of years. C has a vested remainder in fee simple absolute.

4-28 What is the complete name for the grantor's future interest? O to A for the life of B.

O to A for the life of B. | A has a possessory estate in a life estate pur autre vie. O has a reversion in fee simple absolute.

6-19 What is the state of the title? O to A for the life of B.

O to A for the life of B. | A has a possessory estate in life estate pur autre vie. O has a reversion in fee simple absolute.

3-28 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A for the life of B.

O to A for the life of B. | A has a possessory estate in a life estate pur autre vie.

11-16 State the title both at the time of the conveyance and after each subsequent factual development. O to A for two years, then to B; however, if B ever uses illegal drugs, then to C. Two years pass.

O to A for two years, then to B; however, if B ever uses illegal drugs, then to C. A has a possessory estate for a term of years (assuming that B's use of drugs is meant to limit only B's remainder and not A's term of years. B has a vested remainder subject to divestment in fee simple subject to an executory limitation. C has an executory interest in fee simple absolute. Two years pass. B has a possessory estate in fee simple subject to an executory limitation. C has an executory interest in fee simple absolute.

4-26 What is the complete name for the grantor's future interest? O to A from September 1, 2002, until August 31, 2008.

O to A from September 1, 2002, until August 31, 2008. | A has a possessory estate in a term of years. O has a reversion in fee simple absolute.

3-26 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A from September 1, 2002, until August 31, 2008.

O to A from September 1, 2002, until August 31, 2008. | A has a possessory estate in a term of years.

4-11 What is the complete name for the grantor's future interest? O to A so long as A does not divorce B, then back to O.

O to A so long as A does not divorce B, | then back to O. A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

3-11 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A so long as A does not divorce B, then back to O.

O to A so long as A does not divorce B, | then back to O. A has a possessory estate in fee simple determinable.

4-16 What is the complete name for the grantor's future interest? O to A until A divorces B, then back to O.

O to A until A divorces B, | then back to O. A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

3-16 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A until A divorces B, then back to O.

O to A until A divorces B, | then back to O. A has a possessory estate in fee simple determinable.

6-30 What is the state of the title? O to A while A is attending State University, then to B.

O to A while A is attending State University, | then to B. | A has a possessory estate in fee simple determinable. B has an executory interest in fee simple absolute.

6-12 What is the state of the title? O to A while being used as a farm.

O to A while being used as a farm. | A has a possessory estate in fee simple determinable. O has a possibility of reverter in fee simple absolute.

6-20 What is the state of the title? O to A, but if A cuts timber on the property, then to B and her heirs.

O to A, | but if A cuts timber on the property, then to B and her heirs. | A has a possessory estate in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

6-17 What is the state of the title? O to A, on condition that the land is always used as a church, but if not, then to B.

O to A, | on condition that the land is always used as a church, but if not, then to B. | A has a possessory interest in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

4-14 What is the complete name for the grantor's future interest? O to A, on the condition that A does not divorce B.

O to A, | on the condition that A does not divorce B. A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

3-14 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A, on the condition that A does not divorce B.

O to A, | on the condition that A does not divorce B. A has a possessory estate in fee simple subject to a condition subsequent.

4-21 What is the complete name for the grantor's future interest? O to A, provided that A never drills for oil on the property.

O to A, | provided that A never drills for oil on the property. A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

3-21 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A, provided that A never drills for oil on the property.

O to A, | provided that A never drills for oil on the property. A has a possessory estate in fee simple subject to a condition subsequent.

6-29 What is the state of the title? O to A, provided that the city does not change the property's zoning classification, otherwise to B.

O to A, | provided that the city does not change the property's zoning classification, otherwise to B. | A has a possessory estate in fee simple subject to an executory limitation. B has an executory interest in fee simple absolute.

4-20 What is the complete name for the grantor's future interest? O to A. (Assume modern law.)

O to A. | (Assume modern law.) A has a possessory estate in fee simple absolute. O has no interest.

3-20 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A. (Assume modern law.)

O to A. | A has a possessory estate in fee simple absolute.

4-17 What is the complete name for the grantor's future interest? O to A; however, if A divorces B, then to O.

O to A; | however, if A divorces B, then to O. A has a possessory estate in fee simple subject to a condition subsequent. O has a right of entry in fee simple absolute.

3-17 Draw a line marking the end of the words describing the possessory estate and the beginning of the words (if any) describing the future interest. Write the complete name of A's possessory estate. O to A; however, if A divorces B, then to O.

O to A; | however, if A divorces B, then to O. A has a possessory estate in fee simple subject to a condition subsequent.

3-1 Which estate(s) can be said to be "absolute"?

Only a fee simple can be absolute.

4-4 If the future interest following a fee simple determinable is in the grantor, what is it called?

Possibility of reverter

5-1 If the future interest following a life estate is in the grantee, what is it called?

Remainder

5-2 If the future interest following a term of years is in the grantee, what is it called?

Remainder

5-3 If the future interest following a fee tail is in the grantee, what is it called?

Remainder

5-4 What is the name of the grantee's future interest that "waits patiently" for the prior estate to "end naturally"?

Remainder

6-9 What do we call a second grantee's future interest that follows a life estate determinable?

Remainder

4-2 If the future interest following a life estate is in the grantor, what is it called?

Reversion

4-3 If the future interest following a term of years is in the grantor, what is it called?

Reversion

4-6 If the future interest following a life estate determinable is in the grantor, what is it called?

Reversion

4-7 If the future interest following a term of years subject to a condition subsequent is in the grantor, what is it called?

Reversion

4-8 What is the name of the grantor's future interest that "waits patiently" for the prior estate to "end naturally"?

Reversion

4-10 A grantor can have three future interests: a reversion, a possibility of reverter, and a right of entry. Which two operate automatically, without any action by the grantor?

Reversion and possibility of reverter

4-5 If the future interest following a fee simple subject to a condition subsequent is in the grantor, what is it called?

Right of entry

4-9 What is the name of the grantor's future interest that can interrupt the prior estate, causing it to end early?

Right of entry

6-10 Of the future interests following an estate with an added limitation, which is the only one that does not operate automatically upon the happening of the condition?

Right of entry

8-2 Which kind of executory interest follows a grantee?

Shifting executory interest

1-8 Name some examples of a person's "collaterals".

Siblings, aunts, uncles, cousins, nieces, nephews

8-1 Which kind of executory interest divests the grantor?

Springing executory interest

7-11 State whether the remainder given to a class is subject to open or closed. O to A for life, then to B's children. (B presently has three children.)

Subject to open

7-8 State whether the remainder given to a class is subject to open or closed. O to A for life, then to A's children. (A has one child, B.)

Subject to open

1-13 Fill in the blank. If Hazel had not died _____ [with a will], all of her estate would have passed to her daughter.

Testate

5-14 To whom does a remainder belong?

The grantee

5-13 To whom does a reversion belong?

The grantor

5-7 What two characteristics define an ascertained person?

The person is born and identified.

5-35 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to A's children. (A has one child.)

Then to A's children. Vested.

5-23 What is the remainder? Is the holder ascertained? O to A for life, then to A's first child. (A has no children.)

Then to A's first child. No.

5-19 What is the remainder? Is the holder ascertained? O to A for life, then to A's first child. (A has one child, B.)

Then to A's first child. Yes.

5-20 What is the remainder? Is the holder ascertained? O to A for life, then to A's heirs. (A is alive and has one child, B.)

Then to A's heirs. No.

5-34 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to A's surviving cousins. (A has two cousins.)

Then to A's surviving cousins. Contingent.

5-37 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to A's widow.

Then to A's widow. Contingent.

5-22 What is the remainder? Is the holder ascertained? O to A for life, then to A's widow.

Then to A's widow. No.

5-21 What is the remainder? Is the holder ascertained? O to A for life, then to B and her heirs. (B has no children.)

Then to B and her heirs. Yes.

5-31 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B if B does not then own an insurance agency.

Then to B if B does not then own an insurance agency. Contingent.

5-26 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is subject to a condition precedent. O to A for life, then to B if B has reached 21. (At the time of the conveyance, B is 22.)

Then to B if B has reached 21. No.

5-25 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is subject to a condition precedent. O to A for life, then to B if B has refrained from drinking alcoholic beverages for the five years prior to A's death.

Then to B if B has refrained from drinking alcoholic beverages for the five years prior to A's death. Yes.

5-32 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B if B is then married.

Then to B if B is then married. Contingent.

5-38 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B's heirs. (B is alive.)

Then to B's heirs. Contingent.

5-27 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is subject to a condition precedent. O to A for life, then to B; however, if B ever drills for oil on the land, then to C.

Then to B. No.

5-28 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is subject to a condition precedent. O to A for life, then to B, on condition that B has passed the bar.

Then to B. No.

5-29 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B, on condition that B has passed the bar. (B has been practicing law for ten years.)

Then to B. Vested.

5-30 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B, but if B uses the land for an insurance agency, then back to O.

Then to B. Vested.

5-33 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to B; however, if B divorces after A dies, then to O.

Then to B. Vested.

5-18 What is the remainder? Is the holder ascertained? O to A for life, then to B.

Then to B. Yes.

5-36 Draw a vertical line marking the beginning and the end of the description of the remainder. Identify the remainder. State whether the remainder is vested or contingent. O to A for life, then to the 2001 graduates of O's law school class. (The conveyance was made in 2002.)

Then to the 2001 graduates of O's law school class. Vested.

5-24 What is the remainder? Is the holder ascertained? O to A for life, then to this year's first-year law students at State University Law School who pass the bar.

Then to this year's first-year law students at State University Law School who pass the bar. No.

1-6 Are "convey" and "sell" synonyms? If not, why not?

To "convey" includes both transfer by sale and transfer by gift.

3-6 Name four examples of words or phrases of "temporal limitation," that is, words or phrases that signal a determinable estate.

Until, while, during, as long as

6-6 What are the common words of temporal limitation that signal a determinable estate followed by an executory interest?

Until, while, during, so long as

5-10 Is a reversion deemed vested or contingent?

Vested

5-11 Is a right of entry deemed vested or contingent?

Vested

5-12 Is a possibility of reverted deemed vested or contingent?

Vested

5-58 State whether - after the factual developments described - the remainder is vested or contingent. "O to A for life, then to B's oldest child who survives B." Then B dies with two children living.

Vested

5-60 State whether - after the factual developments described - the remainder is vested or contingent. "O to A for life, then to B if B marries." Then B gets married. Subsequently, B divorces.

Vested (The condition precedent was satisfied when B married.)

7-6 Is B's remainder (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory? O to A for two years, then to B, but if B ever uses the land for an insurance agency, then to C.

Vested and not subject to divestment

7-4 Is B's remainder (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory? O to A for life, then to B, but if B ever owns an insurance agency, then to O.

Vested subject to divestment

7-7 Is B's remainder (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory? O to A for life, then to B, but if the city ever annexes the land, then to C.

Vested subject to divestment (assuming that the condition is meant to limit A's life estate too).

2-2 What is the name for the part of the conveyance that tells you what kind of interest that person is receiving?

Words of limitation

2-1 What is the name for the part of the conveyance that tells you who is receiving the conveyed interest?

Words of purchase

5-50 Has O retained an interest? O to A for life, then to B, on condition that B has passed the bar.

Yes

5-52 Has O retained an interest? O to A for life, then to B if B does not then own an insurance agency.

Yes

5-54 Has O retained an interest? O to A for life, then to B; however, if B divorces, B's estate ends.

Yes

5-55 Has O retained an interest? O to A for life, then to A's surviving cousins. (A has two cousins.)

Yes

5-56 Has O retained an interest? O to A for ten years, then to B for ten years.

Yes

6-8 Does an executory interest take effect automatically upon the happening of the condition?

Yes

11-9 Does the doctrine of merger apply? Why or why not? O to A for life, then to A's first child for life, then to C. Subsequently C conveys to A. (A has no children.)

Yes. Two vested estates came into A's hands from two separate documents, and they are separated only by a contingent estate.

2-3 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A and her heirs.

to A; and her heirs; fee simple

2-5 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A and the heirs of his body.

to A; and the heirs of his body; fee tail

2-6 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A for life.

to A; for life; life estate

2-7 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A for the life of B.

to A; for the life of B; life estate pur autre vie

2-4 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A for two years.

to A; for two years; term of years

2-8 What are the words of purchase and words of limitation? What is the estate being conveyed to A (fee simple, fee tail, life estate, or term of years)? O to A. (Assume modern law.)

to A; none; fee simple