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63 Cards in this Set
- Front
- Back
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O to A for life, then to A's heirs and their heirs.
12-1 |
A has poss. estate in FSA
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O to A for life, then to B for life, then to A's heirs and their heirs.
12-2 |
A poss life estate
B vested remainder in life estate A vested rem. in FSA |
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O to A for life, then to O's heirs and their heirs.
12-3 |
A poss estate in life
O reversion in FSA |
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O to A for life, then to B for life, then to O's heirs and their heirs.
12-4 |
A poss life estate
B vested rem. in life O reversion in FSA |
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O to A for life, then to then to A's children. (A has two children, B and C).
12-5 |
A poss life estate
B&C vested rem. in Fee Simple subject to open |
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O to A for life, but if A divorces, then to O's heirs.
12-6 |
A poss life estate subject to a condition subsequent
O reversion in FSA |
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O to A for life, then to B. Then B conveys to A's heirs.
12-7 |
A poss life estate
A's heirs: cont rem in FSA B reversion in FSA |
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O to A for life, then to then to B for life, then to B's heirs and their heirs.
12-8 |
A poss life estate
B vested rem in FSA |
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O to A for life, and 2 years later to O's heirs.
12-9 |
A poss life estate
O reversion in FSA |
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O to A for life, then to B. Then B conveys to O's heirs.
12-10 |
1st conveyance
A poss life estate B vested rem. in FSA 2nd conveyance A poss life estate O's heirs: contingent rem in FSA B reversion in FSA |
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What is rule against perpetuities?
13-1 |
No interest is good unless it must vest and close, or fail, no later than 21 years after some life in being at the creation of the interest
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Does RAP operate immediately at time of convyeance or later?
13-2 |
immediately at time of conveyance
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Is RAP applicable to future interests in grantor, future interests in grantee or both?
13-3 |
grantee
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Name the future interests that are vulnerable to RAP
13-4 |
Contingent remainders
vested subject to open executory interests |
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When does a conveyance made in a will operate?
13-5 |
upon death of testator
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What is a life in being?
13-6 |
any person alive at time of conveyance
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If a child has been conceived but not born at time of conveyance, is the child a life in being?
13-7 |
yes, if child is later born alive
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When does the holder of a conveyance to D's widow, widower, heir, or devisee become ascertained?
13-8 |
At death of D
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What is wrong with following sentence:
RAP requires that to be valid a contingent interest must be certain to vest and close w/i 21 years after the death of last life in being at time of conveyance 13-9 |
must be certain to either vest or fail
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What is wrong with this sentence:
If a cont. interest might vest and close within 21 years after death of last life in being, it does not violate RAP. 13-10 |
interest must instead of might
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How long is permitted time period
13-11 |
21 years after death of last life in being
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What is a validating life
13-12 |
A person whose life can prove that cont. interest is certain to vest or fail within time period
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Name six RAP danger signs
14-1 |
1. condition is not personal to someone
2. identified age or time period of more than 21 years 3. conveyance skips a generation 4. conveyance requires that a holder survive someone who is not named 5. when an event would normally happen w/i 21 years, but no guarntee it will 6. a stacked contingent interest |
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O to A for life, then to A's first child to reach 30. A has 2 children B-25, C-28
14-2 |
A life estate
A's 1st child to reach 30: cont. rem in FSA O: reversion in FSA invalid thus A poss life estate O reversion in FSA |
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O to A for life, then to B and her heirs if B reaches 25 (B is now 5)
14-4 |
A life estate
B cont rem in FSA O reversion in FSA valid |
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O to A for life, then to A's first child for life, then to B's first child if he or she survives A's first child. (neither have children)
14-5 |
A life estate
A's first: cont rem in life B's first: cont rem in FSA invalid on B's first, thus same as above except O has reversion |
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O to A for life, then to A's first child if he survives A by more than 20 years. (no child yet)
14-6 |
A life estate
O reversion in FSA subject to exec. limitation A's first: springing exec. interest in FSA valid |
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O to A for life, then to A's first grandchild and his or her heirs. (6 children but no grandchildren).
14-7 |
A life estate
A's first: cont. remainder in FSA O: reversion in FSA invalid thus A life estate O reversion in FSA |
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O devises to A for life, then to O's first grandchild and his or her heirs (6 children but no grandchildren)
14-8 |
A life estate
O's first: cont rem in FSA O reversion in FSA valid |
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O to A for life, then to B's first child to graduate from law school and his or her heirs. B has 2 children, one of whom is a 1L
14-9 |
A life estate
B's first: cont. remain in FSA O reversion in FSA B's first is invalid thus A life estate O reversion in FSA |
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O to A for life, then to A's first child to reach age 21. A has 2 children B-19, C-18
14-3 |
A life estae
A's first: cont rem in FSA O reversion in FSA valid |
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O to A for life, then to the residuary beneficiary under A's will for life then to that person's children who survive him or her
14-10 |
A life estae
RB: cont rem in life Surv. children: cont rem in FSA O reversion in FSA invalid to surv. children thus A life estate RB cont rem in life O reversion in FSA |
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O to A for life, then to the residuary beneficiary under A's will for life then to that person's children
14-11 |
A life estae
RB cont rem in life children: cont rem in FSA O reversion in FSA invalid to the children thus strike out their interest |
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O to A and her heirs as long as the land is used for educational purposes. If not, then to B and her heirs
14-12 |
A fee simple determinable
B exec interest in FSA invalid thus A fee simple determinable O possibility of reverter in FSA |
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O devises to the next President of the U.S. upon his or her swearing in
14-13 |
O fee simple subject to executory limitation
Pres. springing exec interest in FSA invalid thus O has FSA |
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O to A for life, then to B and her heirs, but if B ever sells liqour on the land, then to C and her heirs
14-14 |
A life estate
B vested rem in Fee simple subject to executory limitation C exec interest in FSA valid |
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O to A for life, then to A's children and their heirs
(a) A has no children (b) A has one child - X 14-15 |
(a) A life estate
A's children: cont rem in FSA O reversion in FSA (b) A life estate X vested rem in fee simple subject to open both valid |
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O to A for life, then to A's children who reach age 30. A has two children. B-30, C-28
14-16 |
A life estae
B vested rem in fee simple subject to open invalid thus A life estate O reversion in FSA |
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O to A for life, then to B and his heirs then to C and his heirs
16-1 |
A life estate
B vested rem in FSA C nothing |
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O to A for life then to B's heirs then to C's heirs
16-2 |
A life estate
B's heirs: cont rem in FSA C's heirs cont rem in FSA O reversion in FSA |
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O to A and her heirs as long as land is used for educational purposes
16-3 |
A fee simple det
O possibility of reverter |
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O to A and her heirs as long as land used for education purposes, if not then to B and his heirs
16-4 |
A fee simple det
B executory interest (that would be invalidated by RAP) O possibility of reverter |
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O to A and her heirs, but if she stops using land for educational purposes, then to O
16-5 |
A fee simple sub to condition subsequent
O right of entry |
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O to A if she graduates from law school (which she has not done)
16-6 |
O fee simple sub to exec limitation
A springing exec interest in FSA |
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O to A for life, then to B if B survives A, if not, then to C's children (C has one child -X)
16-7 |
A life estate
B cont rem in FSA X alt cont rem in FSA |
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O to A for life then to A's heirs
16-8 |
A life estate
A vested rem in FSA (shelley's rule) Merger combines these into A having FSA |
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O to A for life, then to B and her heirs
A conveys to C 16-9 |
C life estate (measured by A's life)
B vested rem in FSA |
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O to A for life then to B if B survives A
O conveys to A 16-10 |
A life estate
B cont rem A O's reversion Merger: life estate merges into reversion and destroys cont remainder |
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O to A for life, then to B if B marries (B is unmarried) Then A dies and B is still unmarried
16-11 |
A life estate
B cont rem in FSA O reversion When A dies: B's rem is destroyed and O has FSA |
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O to A for life then to B if B adopts A's surviving children
16-12 |
A life estate
O reversion in fee simple sub to exec limitation B springing exec interest in FSA |
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O to A for life, then to O's heirs
16-13 |
A life estae
O reversion in FSA |
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O to A for life, then to A's widow for life, then to A's children who survive the widow (A is married and has a child B)
16-14 |
A life estate
A's widow has cont rem in FSA B's cont rem in FSA is invalidated by RAP O has reversion in FSA |
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O to A for life. O to B and C
16-15 |
A life estate
B and C have O's reversion in FSA |
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O to A for life, then to A's children. A has a child B
16-16 |
A life estate
B vested rem in fee simple sub to open |
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O to A for life, then to B but if B sells liqour on premises then to O. A inherits from O
16-17 |
A life estate
B vested rem in fee simple sub to condition sub A has O's right of entry |
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O to A for life, then to B. B conveys to O's heirs
16-18 |
A life estate
O's heirs cont rem in FSA B reversion in FSA |
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O to A for life, then to B's heirs and if B has no heirs then to C. A dies and B is still alive
16-19 |
A life estate
B's heirs: cont rem in FSA C cont rem in FSA O reversion in FSA A dies -- O has FSA b and C's remainders are destroyed |
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O to A for life, then to B's heirs and if B has no heirs then to C. B dies with heirs then A dies.
16-20 |
After B dies:
B's heirs: vested rem in FSA C's rem is destroyed After A dies: B's heirs have FSA |
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O to A for life, then to B if B graduates from law school, but if not, then to C. A dies when B is 2 weeks away from graduating.
16-21 |
When A dies cont remainders are destroyed and O has FSA
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O to A for life, then to B's first child to become a doctor. B has 2 children ages 2 and 5
16-22 |
A life estate
B's first invalidated by RAP O reversion in FSA |
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O devises to A for life, then to A's first grandchild. ( A has 3 children and 2 grandchildren)
16-23 |
A life estate
A's first: vested rem in FSA |
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O to A for life, then to A's heirs
16-24 |
A has FSA applying merger
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O to A for life, then to B for life, then to A's heirs
16-25 |
A life estate
B vested rem in life estate A's heirs cont rem in FSA O reversion in FSA Rule in shelleys case makes A have vested remainder in FSA. Can't apply merger bc of intervening estate |
