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23 Cards in this Set
- Front
- Back
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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?
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Merger.
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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?
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Destruction of contingent remainders.
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11-3 In order for the doctrine of merger to combine two vested interests, what two criteria must be met?
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(a) They must come into the hands of the same person.
(b) They must not be separated by another vested interest. |
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11-4 What happens to a contingent remainder that is placed between two vested interests combined by the doctrine of merger?
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It ceases to exist.
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11-5 If a future interest subject to divestment becomes possessory, do we still say it is "subject to divestment"?
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No. The term "subject to divestment" refers only to interests that can be divested before becoming possessory.
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Does the doctrine of merger apply to the following situations? Why or why not?
11-6 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.
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11-7 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.)
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No. C's interest is not vested.
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11-8 O to A for 10 years, then to B for life if B is then married, then to A.
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No. The interests were created in the same document, and the two vested estates are separated by a contingent estate.
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11-9 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.)
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Yes. Two vested estates came into A's hands from two separate documents, and they are separated only by a contingent estate.
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State the title both at the time of the conveyance and after each subsequent factual development:
11-10 O to A for 10 years, then to B for life, then back to O. O subsequently conveys to C. C subsequently conveys to B. |
O to A for 10 years, then to B for life, then back to O.
A: Possessory estate for a term of years. B: Vested remainder in life estate. O: Reversion in fee simple absolute. O subsequently conveys to C. A: Possessory estate for a term of years. B: Vested remainder in life estate. C: Reversion in fee simple absolute. C subsequently conveys to B. A: Possessory estate for a term of years. B: Reversion in fee simple abssolute. (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.) |
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11-11 (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.
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O to A for life, then to the Mayor of New York City if A has married, but if A never married, then to B. (A has not yet married.)
A: Possessory estate in life estate. Mayor: Contingent remainder in fee simple absolute. B: Contingent remainder in fee simple absolute. O: Reversion in fee simple absolute. Subsequently, A marries. A: Possessory estate in life estate. Mayor: Contingent remainder in fee simple absolute. O: Reversion in fee simple absolute. |
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11-12 O to A for 10 years, then to B. Subsequently, B dies, devising all her property to C.
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O to A for 10 years, then to B.
A: Possessory estate for a term of years. B: Vested remainder in fee simple absolute. Subsequently, B dies, devising all her property to C. A: Possessory estate for a term of years. C: Vested remainder in fee simple absolute. |
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11-13 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.
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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: Possessory estate in life estate. B: Vested remainder in fee simple subject to an executory limitation. C: Executory interest in fee simple absolute. Subsequently, B dies. A: Possessory estate in life estate. B's heirs or devisees: Vested remainder in fee simple absolute. C: Nothing. |
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11-14 O to A for life, then to B if B gets married. (B is unmarried.) Two years later A conveys to O.
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(Omit if you did not study merger.)
O to A for life, then to B if B gets married. (B is unmarried.) A: Possessory estate in life estate. B: Contingent remainder in fee simple absolute. O: Reversion in fee simple absolute. Two years later A conveys to O. O: Possessory estate in fee simple absolute. |
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11-15 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.
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O to A for life, then to A's first child to reach 21. (A's only child (B) is 17.)
A: Possessory estate in life estate. A's first child to reach 21: Contingent remainder in fee simple absolute. O: Reversion in fee simple absolute. Two years later A dies: If you apply destruction of contingent remainders: O: Possessory estate in fee simple absolute. If you do not apply destruction of contingent remainders: O: Possessory estate in fee simple subject to an executory limitation. B: Springing executory interest in fee simple absolute. |
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11-16 O to A for 2 years, then to B; however, if B ever uses illegal drugs, then to C. Two years pass.
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O to A for 2 years, then to B; however, if B ever uses illegal drugs, then to C.
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: Vested remainder subject to divestment in fee simple subject to an executory limitation. C: Executory interest in fee simple absolute. Two years pass. B: Possessory estate in fee simple subject to an executory limitation. C: Executory interest in fee simple absolute. |
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11-17 O (who owns in fee tail) to A. (Assume modern law.) Then A conveys to O.
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O (who owns in fee tail) to A. (Assume modern law.)
A: Possessory estate in fee simple absolute. Then A conveys to O O: Possessory estate in fee simple absolute. |
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11-18 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.
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O to A for life, then to B's first child and his heirs. (B has no children.)
A: Possessory estate in life estate. B's first child: Contingent remainder in fee simple absolute. O: Reversion in fee simple absolute. Subsequently, B and her husband (C) have a child (D), who lives for one hour. A: Possessory estate in life estate. D's heirs (B and C): Vested remainder in fee simple absolute. B and C have three more children (E, F, and G). No change. Then A, B, and C die in a car accident, all without wills. B's and C's heirs (E, F, and G): Possessory estate in fee simple absolute. |
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11-19 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.
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O to A for life, then to B, but if B gets divorced, B's interest ends. (B is not divorced.)
A: Possessory estate in life estate. B: 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: Right of entry. Two years later A conveys to O. O: Possessory estate in life estate pur autre vie. B: Vested remainder subject to divestment in fee simple subject to a condition subsequent. O: Right of entry in fee simple absolute. (No merger - intervening vested estate) |
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The following clients have told you their situations and asked for your advice. Answer their questions.
11-20 "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 10 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."
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11-21 "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?"
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"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."
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11-22 "I hold some land originally bought by my grandfather, and I've always heard that it's something called '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?"
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"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."
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11-23 "My grandmother's will gave her home to several people in the family. The will says, 'I give my real estate to my daugher 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?"
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(Omit if you did not study merger.) "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 reprecussions 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."
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