Future Interests

Are "convey" and "sell" synonyms? If not, why not?

"Convey" includes both selling and giving.

10. What type of estate is created when Owen conveys Blackacre to Abel for ten years provided he oversees the ranch?

1) A defeasible leasehold. (Leasehold subject to condition subsequent.) 2) O has a right of entry (to be exercised if the condition is violated) as well as a reversion (the land will revert to O when the term of years concludes, if the condition is not first violated.)

9. What type of estate is created when Owen conveys Blackacre "to Abel for life, but if he moves to New York, then I may take my estate back"?

1) A defeasible life estate. (Life estate subject to condition subsequent.) 2) O has a right of entry (to be exercised if the condition is violated) as well as a reversion (the land will revert to O when A dies, if the condition is not first violated.)

Valid under RAP? 10. "To Adam for life, then to Adam's widow for life, then to Ben."

1) A has a life estate. 2) A's widow has a contingent remainder* for life. (Why is this remainder contingent?) 3) B has a vested remainder in FSA. 4) *RAP: The contingent remainder is valid; A is the validating life. It will vest in A's widow, if he has one, on A's death.

Valid under RAP? 9. "To Adam for life, then to Ben if Ben passes the bar, but if not, to Carrie."

1) A has a life estate. 2) B has a contingent remainder.* 3) C has a contingent remainder* (alternative). 4) *Both contingent remainders are valid. B is the validating life. At B's death, B will have passed the bar, or not. If B has passed, the remainder vests in B; if not, it vests in C.

Valid under RAP? 1. "To Ben for life, then to the first child of Adam to reach 21."

1) B has a LE. 2) A's 1st child to reach 21 has a contingent remainder.* 3) O has a reversion. 4) *The contingent remainder is subject to the RAP. 5) A is the validating life. 6) All of A's children (present or future) will reach 21 within 21 years of A's death. 7) The interest is valid under the RAP.

Valid under RAP? 3. "To Ben for life, then to the first child of Adam to marry." What is the result if, at the time of the conveyance, Adam is dead?

1) B has a life estate. 2) A's 1st child to marry has a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is valid because A's children are the validating lives. 5) The class is closed because A is dead. 6) Any of A's children who marry will do so within their own lives.

Valid under RAP? 3. "To Ben for life, then to the first child of Adam to marry." What is the result if, at the time of the conveyance, Adam is alive?

1) B has a life estate. 2) A's 1st child to marry has a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is void because A might have another child who might marry more than 21 years after A's death.

Valid under RAP? 2. "To Ben for life, then to the first child of Adam to reach 25."

1) B has a life estate. 2) A's 1st child to reach 25 has a contingent remainder.* 3) O has a reversion. 4) RAP: A may have children born after the date of the deed, and one of them may be the first to reach 25, more than 21 years after A's death (A may die with a 1-year-old child, for example.) The contingent remainder is void.

Valid under RAP? 5. "To Ben for life, then to the first of Adam's lineal descendants to shake hands with Dan Quayle."

1) B has a life estate. 2) A's 1st lineal descendant to shake hands with Dan Quayle has a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is valid. Dan Quayle is the validating life. If anyone shakes hands with Dan Quayle, it will be within Dan Quayle's life. (Don't get sidetracked by morbid speculation here.)

Valid under RAP? 4. "To Ben for life, then to such of the lineal descendants of Adam who shall reach the age of 30 within 21 years of the death of the survivor of Carrie, Devon, and Fiona."

1) B has a life estate. 2) A's lineal descendants have a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is valid: The survivor of C, D, and F is the validating life. To take, lineal descendants of A must reach 30 within 21 years of the death of the survivor, because that is when the class closes.

Valid under RAP? 3. "To Ben for life, then to the first child of Adam to marry." What is the result if, at the time of the conveyance, Adam has a married child?

1) B has a life estate. 2) A's married child has a vested remainder in FSA.

15. O conveys Blackacre "to B for life, then to C for life if C is married." Before C marries, O transfers his interest to B. What is the state of the title?

1) B has a life estate. 2) C has a CR for life. 3) O has a reversion. 4) When O transfers his reversion to B, B holds a life estate and a reversion, and C holds a contingent remainder. There is thus no merger and no destructibility in modern law. (Because C's CR comes between the LE and the reversion).

12. O conveys Blackacre "to B for life, then to C and her heirs." B then conveys his life estate to C. What is the state of the title?

1) B has a life estate. 2) C has a vested remainder in FSA. 3) When B conveys his life estate to C, C has a life estate and a vested remainder in FSA. The two interests merge, and C has a FSA.

14. O conveys Blackacre "to B for life." B then conveys his interest to O. What is the state of the title?

1) B has a life estate. 2) O has a reversion. 3) Once B conveys his LE to O, O has a life estate plus a reversion. The two interests merge, and O has a FSA.

13. O conveys Blackacre "to B for life." O then conveys his interest to B. What is the state of the title?

1) B has a life estate. 2) O has a reversion. 3) Once O conveys his reversion to B, B has a life estate plus a reversion. The two interests merge, and B has a FSA.

Valid under RAP? 7. (By will): "To Ben for life, then to the first of my grandchildren to reach the age of 21."

1) B has a life estate. 2) O's 1st grandchild to reach 21 has a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is valid. 5) The class of O's children is closed they are validating lives. Any children born to any of them will reach 21 within 21 years after the death of O's last child.

Valid under RAP? 6. (By deed): "To Ben for life, then to the first of my grandchildren to reach the age of 21."

1) B has a life estate. 2) O's 1st grandchild to reach 21 has a contingent remainder.* 3) O has a reversion. 4) *RAP: The contingent remainder is void: The class of O's children is open. Children born after the deed may have children who will reach 21 more than 21 years after the death of O and everyone else alive now.

The Rule Against Perpetuities: Interests subject to the rule

1) Contingent remainders, 2) Executory interests, 3) Gifts to a class of people (i.e. vested remainders subject to open)

The Rule in Shelley's Case

1) If: One instrument Creates a life estate in land in A, and Purports to create a remainder in persons described as A's heirs [or the heirs of A's body], and The life estate and remainder are both legal or both equitable, 2) Then: The remainder becomes a remainder in fee simple [or fee tail] in A.

Valid under RAP? 8. "To Adam after my will is probated."

1) O has a fee simple subject to executory limitation. 2) A has a springing executory interest.* 3) *RAP: A's executory interest is void, because O's will may not be probated until more than 21 years after the death of O and A.

Valid under RAP? 12. "To the first PSL graduate to be appointed Chief Justice of the United States Supreme Court."

1) O has a fee simple subject to executory limitation. 2) The first PSL graduate to be appointed a Chief Justice has a springing executory interest.* 3) *RAP: The springing executory interest is void because the first PSL student to become CJ may be someone not yet born at the time of the deed, who then becomes CJ more than 21 years after the death of everyone alive now.

Valid under RAP? 11. "To the first student in this property class to be appointed a federal judge."

1) O has a fee simple subject to executory limitation. 2) The first student in this property class to be appointed a federal judge has a springing executory interest.* 3) *RAP: The springing executory interest is valid. This class is a closed class, so the members of the class are the validating lives. Anyone who is appointed a judge will do so within the lifetime of the survivor of this class.

Valid under RAP? 13. By devise: "To my trustees to wind up my deli business, sell the assets, and divide the proceeds among my issue then living."

1) O's estate has a fee simple subject to executory limitation. 2) O's issue then living have a shifting executory interest. 3) *RAP: The shifting executory interest is void because it may take the trustees more than 21 years from the death of everyone now alive to do as instructed.

Valid under RAP? 14. By devise during World War II: "To my relatives in Germany who survive the war."

1) O's estate has a fee simple subject to executory limitation. 2) O's relatives in Germany who survive the war have a springing executory interest. 3) *RAP: There is no validating life other than O's (the relatives may not be born yet) and the war may last for more than 21 years after O's death.

The Doctrine of Worthier Title Today

1) The DWT today is applied as a rule of construction rather than a rule of law. 2) it can be overcome by a showing of contrary intent. 3) It can also be applied to personal as well as real property. 4) The DWT has been abolished in many states, including California.

Valid under RAP? 2. O conveys "to A for life, then to A's children for their lives, then to B if B is then alive, and if B is not then alive, to B's heirs." Assume that A has no children at the time of the conveyance.

1) The remainder to A's children is valid; it must either vest or fail at A's death, and A is a life in being. 2) The remainder to B is valid. It must either vest or fail within B's life. 3) The remainder to B's heirs is valid. It will vest, if at all, on B's death.

The Doctrine of Destructibility of Contingent Remainders

1) Under this doctrine, contingent remainders are destroyed if they do not vest upon the natural termination of the preceding life estate, e.g. "To A for life, then to B and her heirs if B reaches 21." If A dies before B is 21, B's remainder [under the doctrine] would be destroyed, even though B will later reach 21. 2) This doctrine has been abolished in most US states and appears to be extinct in the rest.

The Rule Against Perpetuities: Interests not subject to the rule

1) Vested interests (But note that gifts to a class are treated for RAP purposes as not vested in any member of the class until vested in all). 2) Interests retained by the transferor (a. Reversions, b. Rights of entry (aka powers of termination) (Even though they are not vested interests), c. Possibilities of reverter)

Where is the end of the description of A's possessory estate and what is its complete name? "O to A during the time that A refrains from divorcing B, then back to O."

1) ends at the comma, 2) A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A so long as A does not divorce B, then back to O."

1) ends at the comma, 2) A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A until A divorces B, then back to O."

1) ends at the comma, 2) A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A, on the condition that A does not divorce B."

1) ends at the comma, 2) A: possessory estate in fee simple subject to a condition subsequent

Where is the end of the description of A's possessory estate and what is its complete name? "O to A, provided that A never drills for oil on the property."

1) ends at the comma, 2) A: possessory estate in fee simple subject to a condition subsequent

Where is the end of the description of A's possessory estate and what is its complete name? "O to A for life, on condition that A never sell alcohol on the property."

1) ends at the comma, 2) A: possessory estate in life estate subject to a condition subsequent

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & his heirs, but if A divorces B, then to O."

1) ends at the first comma, 2) A: possessory estate in fee simple subject to a condition subsequent

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & his heirs, provided that A does not divorce B, then to O."

1) ends at the first comma, 2) A: possessory estate in fee simple subject to a condition subsequent

Where is the end of the description of A's possessory estate and what is its complete name? "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."

1) ends at the first comma, 2) A: possessory estate in fee tail determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & her heirs so long as A does not divorce B, but if A divorces B, then back to O."

1) ends at the first comma, A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A for life or until B graduates from medical school."

1) ends at the period , 2) possessory estate in life estate determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A from Sept. 1, 2002, until Aug. 31, 2008."

1) ends at the period, 2) A: possessory estate in a term of years

Where is the end of the description of A's possessory estate and what is its complete name? "O to A for 30 years while A resides on the premises."

1) ends at the period, 2) A: possessory estate in a term of years determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A." (Assume modern law.)

1) ends at the period, 2) A: possessory estate in fee simple absolute

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & her heirs while A refrains from divorcing B."

1) ends at the period, 2) A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & his heirs for so long as A cares for B on the premises."

1) ends at the period, 2) A: possessory estate in fee simple determinable

Where is the end of the description of A's possessory estate and what is its complete name? "O to A & the heirs of his body."

1) ends at the period, 2) A: possessory estate in fee tail

Where is the end of the description of A's possessory estate and what is its complete name? "O to A for the life of B."

1) ends at the period, 2) A: possessory estate in life estate pur autre vie

Where is the end of the description of A's possessory estate and what is its complete name? "O to A; however, if A divorces B, then to O."

1) ends at the semicolon, 2) A: possessory estate in fee simple subject to a condition subsequent

O conveys Blackacre "to A for life, then to B and her heirs if B survives A."

A conveys his life estate to O; O now owns Blackacre in FSA. 1) B's remainder is contingent, 2) No other outcome is specified, so O retains a reversion in FSA, and 3) The life estate merges into the reversion in FSA.

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

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

A determinable estate

Who has the right to possession at the end of these events? Explain. "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 re-take the property.

A does because A's fee simple was subject to a condition subsequent, which does not end automatically.

1. What type of estate is created when Owen conveys Blackacre to Abel and his heirs?

A fee simple absolute.

5. What type of estate is created when Owen conveys Blackacre to Abel and his heirs as long as liquor is never sold on the premises?

A fee simple determinable, followed by a possibility of reverter.

6. What type of estate is created when Owen conveys Blackacre to Abel as long as he remains unmarried?

A fee simple determinable, followed by a possibility of reverter.

8. What type of estate is created when Owen conveys Blackacre to Abel and his heirs, on the condition that no liquor is sold on the premises, or else I or my heirs may reenter and terminate the estate?

A fee simple subject to condition subsequent, followed by a right of entry.

12. What type of estate is created when Owen conveys Blackacre to Abel and his heirs provided Blackacre is kept intact and not subdivided?

A fee simple subject to condition subsequent. The existence of a right of entry is implicit.

7. What type of estate is created when Owen conveys Blackacre to Abel and his heirs as long as liquor is never sold on the premises, and if so, then to Bart and his heirs?

A fee simple subject to executory limitation followed by an executory interest in Bart.

What are the inherently limited estates?

A fee tail, a life estate, and a term of years

What kinds of estates "end naturally"?

A fee tail, a life estate, and a term of years

13. What type of estate is created when Owen conveys Blackacre to Abel for one year, renewable each year thereafter on the condition that the premises be used only as a residence and cattle ranch?

A leasehold subject to condition subsequent. This leasehold is a periodic tenancy rather than a term of years, but give yourself credit if you called this a term of years subject to condition subsequent, because we haven't discussed leaseholds yet.

4. What type of estate is created when Owen conveys Blackacre to Abel for the life of Bart?

A life estate pur autre vie.

2. What type of estate is created when Owen conveys Blackacre to Abel for life?

A life estate.

Is there something wrong with the following sentence? If so, what? "All of Stacy's heirs reside in California."

A living person has no heirs.

3. What future interest is created when O conveys Blackacre to A so long as Blackacre remains a private residence?

A possibility of reverter.

1. What future interest is created when O conveys Blackacre to A for life?

A reversion.

2. What future interest is created when O conveys Blackacre to A for as long as B lives?

A reversion.

5. What future interest is created when O conveys Blackacre to A and her heirs provided Blackacre is used for a private residence?

A right of entry.

8. What future interest is created when O conveys Blackacre to A for life, then to B and her heirs?

A vested remainder in FSA. 1) Vested because remainderpersons are in existence, ascertained, and there is no condition precedent. 2) Indefeasibly vested because there is no condition subsequent and new members can not be added to the class - the remainder is not to a class but to an individual.

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

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

An estate subject to a condition subsequent

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

An estate subject to a condition subsequent

9. What future interest is created when O conveys Blackacre to A, but if A divorces, then to B?

An executory interest. This is a shifting executory interest because it shifts possession from the grantee to a third party.

11. What type of estate is created when Owen conveys Blackacre to Abel until I return from South America?

At common law: At best, a determinable life estate followed by a possibility of reverter (because O might never return). Modern US: A fee simple determinable followed by a possibility of reverter.

1. T dies leaving a will that devises Blackacre "to A for life, then in fee simple to B's children who survive B." In a jurisdiction that follows the rule of destructibility of contingent remainders, what is the state of the title after B dies during A's lifetime, leaving children and then A dies?

At the time of T's death: 1) A has a life estate, 2) B's children have a contingent remainder in fee simple, and 3) T's heirs have a reversion in fee simple. The remainder to the children of B vests in B's surviving children. When A dies they will own Blackacre in fee simple.

5. In a jurisdiction in which the destructibility rule has been abolished by statute, O conveys Blackacre "to A for life, then to such of A's children as attain the age of 21." Two years later A dies leaving two children: C, age 8, and D, age 4. What is the state of the title? When C reaches 21 will he take any interest in Blackacre?

At the time of the conveyance: 1) A has a life estate, 2) A's children who attain 21 have a contingent remainder in fee simple, and 3) O has a reversion in fee simple. 4) When A dies, O's reversion becomes a possessory fee simple subject to executory limitation; that is, it can be divested by the executory interest in A's children who attain 21. If s/he reaches 21, C will divest O and take a fee simple subject to executory limitation: It can be partially divested (a one-half interest) by the executory interest in D if D reaches 21.

4.T dies leaving a will that devises Blackacre "to A for life, then in fee simple to B's children who survive B." In a jurisdiction that follows the rule of destructibility of contingent remainders, what is the state of the title if, while A and B are alive, A conveys his life estate to B?

B has a life estate pur autre vie, B's children have a contingent remainder in fee simple, and T's heirs have a reversion in fee simple.

21. What future interest is created when O conveys Blackacre to B when she marries E?

B has a springing executory interest.

17. What future interest is created when O conveys Blackacre to A for life, then to B's children? If B has no children at the time of the conveyance?

B's hypothetical children have a contingent remainder (because they are unascertained takers) and O has a reversion.

Fill in the blank: Henry's will left a ______ [an item of personal property disposed of by a will] to his brother.

Bequest

Name 4 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

19. What future interest is created when O conveys Blackacre to B, but if B dies without issue living at her death, then to C?

C has a shifting executory interest.

20. What future interest is created when O conveys Blackacre to B and her heirs, but if and when C marries D, then to C?

C has a shifting executory interest.

Name some examples of a person's "issue."

Children, grandchildren, great grandchildren

Fill in the blank: Jane Brown has made an appointment with her lawyer to have her will drawn. She intends to ______ her house to her son.

Devise

Alternate approaches to RAP: Wait-and-see

Does the future interest actually vest or fail within the measuring period?

Alternate approaches to RAP: Cy pres

Don't strike interests that violate the RAP, but reform them to carry out, to the greatest extent possible, the grantor's intent within the limits of the rule.

Merger

If the life estate and the next vested estate come into the hands of one person, the lesser estate is merged into the larger: O conveys Blackacre "to A for life, then to B and her heirs." A then conveys his life estate to B. 1) The life estate merges into the remainder in FSA, and B now owns Blackacre in FSA.

How children are treated

In all property questions, children later born alive are treated retroactively as lives in being from the time of conception -- if doing so is for the child's benefit.

The Rule Against Perpetuities Today: The cy pres doctrine

In some states conveyances of interests that violate the RAP are not stricken from the grant, but reformed with the goal of carrying out, to the greatest extent possible, the grantor's intent within the limits of the rule. Many states combine these modifications of the RAP in various ways.

Shelley's Case: contingent remainders v. executor interests

In theory the rule in Shelley's Case applies only to contingent remainders and not to executory interests.

The Rule Against Perpetuities: Effect of the rule

Interests that may vest too remotely are stricken from the conveyance; in effect, the conveyance is read as if the portions granting such interests have been lined out.

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.

Maude is the heir, not the devisee.

3. What type of estate is created when Owen conveys Blackacre to Abel forever?

Modern US: A fee simple absolute.

The Rule Against Perpetuities

No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.

Valid under RAP? 3. O, a teacher of property law, declares that she holds in trust $1,000 "for the first child of A who is admitted to the bar." Would the gift be good?

No. All of A's presently living children (if any) could die unadmitted, and an afterborn child of A could be admitted more than 21 years after A's death.

Valid under RAP? 6(d) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B's children then living." Is the devise of the remainder in fee simple valid?

No. Although the class of takers will be ascertained at B's death, in this class might be an afterborn child. The condition precedent applicable to this member of the class (surviving A and A's children) won't necessarily happen within 21 years after B's death or A's death.

Valid under RAP? 6(b) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B if A has no grandchildren then living." Is the devise of the remainder in fee simple valid?

No. The remainder in B may not vest until it becomes possessory upon the termination of the life estate in A's children. A's children may not be lives in being at the time of the devise (or for more than 21 years thereafter).

Valid under RAP? 6(e) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to A's grandchildren." Is the devise of the remainder in fee simple valid?

No. The takers will not be ascertained until the death of A's children, and A's last surviving child might be an afterborn child. Note: Although it's possible to create a devise to grandchildren that does not violate the RAP, any mention of grandchildren in a future interests problem should raise the RAP flag.

Valid under RAP? 4. O conveys "to A for life, then to A's children who reach 25." A has a child, B, age 26, living at the time of the conveyance. Is the remainder valid?

No. When A dies, A may leave a child under the age of 4. B might also die more than 21 years before that child reached 25. Note that it doesn't matter that A has a 26-year-old child. A class gift is either valid for all members of the class or void for all members of the class.

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

None

Who has the right to possession at the end of these events? Explain. "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 re-take the property.

O does because A's determinable estate ended automatically.

18. What future interest is created when O conveys Blackacre to B and her heirs, B's possession to begin five years from the date of this deed.

O has given herself a fee simple subject to executory limitation, and B now has a springing executory interest. (It springs because possession will spring from the grantor to the grantee at some future date.)

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

Only a fee simple

Name some examples of a person's "collaterals."

Siblings, aunts,uncles, cousins, nieces, nephews

The Rule in Shelley's Case Today

The Rule in Shelley's Case has been abolished in almost every state, but in some states it was abolished recently and the abolition is not retroactive; thus, the rule may remain alive in the courts of those states for some time.

Destructibility and Executory Interests

The doctrine of destructibility of contingent remainders does not apply to executory interests.

Valid under RAP? 5. O conveys "to A for life, then to A's widow, if any, for life, then to A's issue then living." Is the gift to A's issue valid?

The gift to A's widow is valid; it vests on A's death. The remainder to A's issue is void; it will not vest until A's widow dies, and she may not yet be born. (This is the "unborn widow" case, as Jee is the "fertile octogenarian" case. Who thinks up these names, anyway?)

9.In a jurisdiction applying the rule in Shelley's Case, what is the effect of a conveyance by O "to A for life, then to A's heirs if A survives B"?

The rule in Shelley's Case applies to a remainder in A's heirs even though the remainder is also contingent upon a condition precedent. Thus A has a life estate and a remainder in fee simple contingent upon A surviving B.

7.In a jurisdiction applying the rule in Shelley's Case, what is the effect of a conveyance by O "to A for life, then to A's children and their heirs"?

The rule in Shelley's Case does not apply to a remainder to "A's children," so the conveyance is effective as written. A has a life estate, and A's children have a vested remainder subject to open (if A already has at least one child) or a contingent remainder (if A has no children at the time of the conveyance).

10.In a jurisdiction applying the rule in Shelley's Case, what is the effect of a conveyance by O "to A for life," if O subsequently devises the reversion to A's heirs?

The rule in Shelley's Case does not apply: There are two instruments involved. A has a life estate, A's heirs have a contingent remainder while A is alive, and O has a reversion.

14. What type of estate is created when Owen conveys Blackacre to Abel and his heirs, it being understood that should the premises be used for commercial purposes other than the present ranching purposes then it comes back to me?

This is poorly drafted. It might create a fee simple determinable, because "then it comes back to me" suggests a possibility of reverter (automatic return). Or it might create a fee simple subject to condition subsequent, because "should" suggests a condition rather than a temporal limitation.

14. What future interest is created when O conveys Blackacre to A for life, and if B is married then to B, but if B divorces, then to C?

Three future interests are created here: 1) B has a contingent remainder in fee simple (because there is a condition precedent). These are not alternative contingent remainders because they are not true alternatives. If the conveyance were "to A for life, then to B if she is married, but if she is not married, then to C, alternative contingent remainders would be created. 2) C has a shifting executory interest. C's interest will not be extinguished when B's vests, or even when it becomes possessory: If B divorces at any point after acquiring a possessory estate, C's interest will still function to divest B's estate. A true contingent remainder would be extinguished when the alternative contingent remainder vested. When A died, B would either be married or not married: either her remainder or C's would then vest, and the other would fail. Any subsequent change in B's marital status would have no effect, because C would no longer have a future interest. 3) O has a reversion in fee simple (because B might be unmarried when A dies).

7. What future interest is created when O conveys Blackacre to A for ten years if she maintains the ranch business?

Two future interests are created here: 1) A reversion (to follow the leasehold), and 2) A right of entry (if A does not maintain the ranch business).

4. What future interest is created when O conveys Blackacre to A for life so long as she remains married?

Two future interests are created here: 1) A reversion (to follow the life estate), and 2) A possibility of reverter (if A does not remain married).

6. What future interest is created when O conveys Blackacre to A for life on the condition that she remains married?

Two future interests are created here: 1) A reversion (to follow the life estate), and 2) A right of entry (if A does not remain married).

15. What future interest is created when O conveys Blackacre to A for life, then to B if B is age 25? (B is 15 years old at the time of the conveyance.)

Two future interests are created here: 1) B has a contingent remainder (because there is a condition precedent) and 2) O has a reversion.

12. What future interest is created when O conveys Blackacre to A for life, and then provided B is married, to B and her heirs?

Two future interests are created here: 1) B has a contingent remainder, because the remainder is subject to a condition precedent. 2) O retains a reversion in the event the contingent remainder fails.

11. What future interest is created when O conveys Blackacre to A for life, then to B for life, then to C and her heirs?

Two future interests are created here: 1) B has a vested remainder for life to follow A's life estate (B will never take possession if she dies first, but this is an inherent feature of a life estate rather than a separate condition on the estate), and 2) C has a vested remainder in fee simple absolute.

13. What future interest is created when O conveys Blackacre to A for life, then to B, but if B divorces, then to C?

Two future interests are created here: 1) B has a vested remainder in fee simple, subject to complete divestment, and 2) C has a shifting executory interest

10. What future interest is created when O conveys Blackacre to A for life, then to B so long as the ranch is maintained as a working ranch, then to C?

Two future interests are created here: 1) B has a vested remainder in fee simple, subject to complete divestment, and 2) C has a shifting executory interest.

16. What future interest is created when O conveys Blackacre to A for life, then to the heirs of B? (B is alive at the time of the conveyance.)

Two future interests are created here: 1) B's heirs have a contingent remainder, and 2) O has a reversion.

Example of the Doctrine of Worthier Title: O conveys Blackacre "to A for life, then to O's heirs."

Under the DWT, O's heirs have nothing; O has a reversion.

11.O conveys Blackacre "to my friend A for life, then to the heirs of O." Thereafter during A's life O dies, devising all his property to the American Red Cross. Upon A's death, O's heir, B, and the American Red Cross claim Blackacre. Who owns it?

Under the doctrine of worthier title, O has a reversion in fee simple, which O later devises to the American Red Cross. Upon A's death the ARC owns Blackacre.

The Rule in Shelley's Case and Merger, Example: O conveys Blackacre "to A for life, then to A's heirs."

Under the merger doctrine, the life estate in A will then merge into A's vested remainder in fee, and A will have a FSA or fee tail.

Name 4 examples of words or phrases of "temporal limitation" that is, words or phrases that signal a determinable estate.

Until, while, during, as long as

Alternate approaches to RAP: USRAP

Wait-and-see for ninety years.

2. T dies leaving a will that devises Blackacre "to A for life, then in fee simple to B's children who survive B." In a jurisdiction that follows the rule of destructibility of contingent remainders, what is the state of the title after A dies during B's lifetime, if B has children at A's death?

When A dies the remainder in B's children is still contingent, because the children have not yet survived B. The contingent remainder is destroyed; T's heirs now own Blackacre.

3.T dies leaving a will that devises Blackacre "to A for life, then in fee simple to B's children who survive B." In a jurisdiction that follows the rule of destructibility of contingent remainders, what is the state of the title after A dies during B's lifetime if B has no children at A's death?

When A dies the remainder in B's children is still contingent, because the children have not yet survived B. The contingent remainder is destroyed; T's heirs now own Blackacre.

6. In a jurisdiction in which the destructibility rule has been abolished by statute, O conveys Blackacre "to A for life, then to such of A's children as attain the age of 21." Two years later A dies leaving two children: C, age 21, and D, age 17. What is the state of the title?

When C reaches 21 during A's life, the remainder vests in C subject to partial divestment by an executory interest in C's siblings who reach 21. Upon A's death C's remainder vests in possession, so that C's heirs or devisees have a fee simple subject to partial divestment by the executory interest in D if D reaches 21.

The Doctrine of Worthier Title

Where there is an inter vivos conveyance of land with a remainder or executory interest in the grantor's own heirs, no future interest in the heirs is created but a reversion is retained by the grantor.

Valid under RAP? 1. O conveys "to A for life, then to B if B attains the age of 30." B is now 2 years old.

Yes. B is the validating life for B's contingent remainder. If B reaches 30, the remainder will vest. If not, the remainder will fail. Either way, the remainder will vest or fail within a life in being (B's) plus 21 years, the common law RAP period.

Valid under RAP? 6(f) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to T's grandchildren." Is the devise of the remainder in fee simple valid?

Yes. T is dead; all of T's grandchildren will be ascertained at the death of T's children, who are lives in being, and the gift will vest in interest at that time. This is an example of a conveyance to grandchildren that does not violate the RAP.

Valid under RAP? 6(a) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B if A dies childless." Is the devise of the remainder in fee simple valid?

Yes. The remainder to B will vest, if at all, at A's death: A will either die with children or without. A is the validating life.

Valid under RAP? 6(c) T devises "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B's children." Is the devise of the remainder in fee simple valid?

Yes. The remainder to B's children will vest in interest at B's death, because all of B's children will be ascertained at that time.

Valid under RAP? 3. O, a teacher of property law, declares that she holds in trust $1,000 "for all members of my present property class who are admitted to the bar." Is the gift good?

Yes. The validating lives are the existing members of the property class. They will either be admitted to the bar during their lives, or not; none will be admitted after.

17. What future interest is created when O conveys Blackacre to A for life, then to B's children? If B has one child, Z, at the time of the conveyance?

Z has a vested remainder subject to open, aka a vested remainder subject to partial divestment

Fill in the blank: The _______ [dead person] had no heirs.

decedent

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

Fill in the blank: John Brown died _____ [without a will].

intestate

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

issue

Fill in the blank: If Henry had not died __________ [with a will], all of his estate would have passed to his daughter.

testate

What is the term for parents, grandparents and great-grandparents?

ancestors

8.In a jurisdiction applying the rule in Shelley's Case, what is the effect of a conveyance by O "to A for life, then to B for life, then to A's heirs"?

A has a life estate and a vested remainder in fee simple. The estates do not merge because of the intervening vested life estate in B.