Estates In Land_Chapter 5

Front 1

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

Back 1

Remainder.

Front 2

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

Back 2

Remainder.

Front 3

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

Back 3

Remainder.

Front 4

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

Back 4

Remainder.

Front 5

5-5 How can you recognize a contingent remainder?

Back 5

Its holder is unascertained or it contains a condition precedent or both.

Front 6

5-6 What two characteristics define a vested remainder?

Back 6

Its holder is ascertained and it has no condition precendent.

Front 7

5-7 What two characteristics define an ascertained person?

Back 7

The person is born and identified.

Front 8

5-8 What is a condition precedent?

Back 8

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.

Front 9

5-9 What are "alternative contingent remainders"?

Back 9

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.

Front 10

5-10 Is a reversion deemed vested or contingent?

Back 10

Vested.

Front 11

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

Back 11

Vested.

Front 12

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

Back 12

Vested.

Front 13

5-13 To whom does a reversion belong?

Back 13

The grantor.

Front 14

5-14 To whom does a remainder belong?

Back 14

The grantee.

Front 15

5-15 Distinguish between a remainder and a reversion.

Back 15

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.

Front 16

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

Back 16

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.

Front 17

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

Back 17

(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.

Front 18

In the following conveyances, underline the remainder (in CAPS), and state whether the holder is ascertained.
5-18 O to A for life, then to B.

Back 18

O to A for life, THEN TO B. (Yes).

Front 19

5-19 O to A for life, then to A's first child. (A has one child, B.)

Back 19

O to A for life, THEN TO A'S FIRST CHILD. (Yes).

Front 20

5-20 O to A for life, then to A's heirs. (A is alive and has one child, B.)

Back 20

O to A for life, THEN TO A'S HEIRS. (No).

Front 21

5-21 O to A for life, then to B and her heirs (B has no children.)

Back 21

O to A for life, THEN TO B AND HER HEIRS. (Yes).

Front 22

5-22 O to A for life, then to A's widow.

Back 22

O to A for life, THEN TO A'S WIDOW. (No).

Front 23

5-23 O to A for life, then to A's first child (A has no children.)

Back 23

O to A for life, THEN TO A'S FIRST CHILD. (No).

Front 24

5-24 O to a for life, then to this year's first-year law students at State University Law School who pass the bar.

Back 24

O to A for life, THEN TO THIS YEAR'S FIRST-YEAR LAW STUDENTS AT STATE UNIVERSITY LAW SCHOOL WHO PASS THE BAR. (No).

Front 25

(1) Draw vertical lines marking the beginning and the end of the description of the remainder (//), (2) underline the remainder (CAPS), and (3) state whether the remainder is subject to a condition precedent. Remember to look for the condition only within the description of the remainder itself, that is, between the two lines you have drawn.
5-25 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.

Back 25

O to A for life, //THEN TO B IF B HAS REFRAINED FROM DRINKING ALCOHOLIC BEVERAGES FOR THE 5 YEARS PRIOR TO A'S DEATH.// (Yes).

Front 26

5-26 O to A for life, then to B if B has reached 21. (At the time of the conveyance, B is 22.)

Back 26

O to A for life, //THEN TO B IF B HAS REACHED 21.// (No).

Front 27

5-27 O to A for life, then to B; however, if B ever drills for oil on the land, then to C.

Back 27

O to A for life, // THEN TO B; //however, if B ever drills for oil on the land, then to C. (No).

Front 28

5-28 O to A for life, then to B, on condition that B has passed the bar.

Back 28

O to A for life, // THEN TO B, // on condition that B has passed the bar. (No).

Front 29

In the following conveyances, (1) draw vertical lines (//) marking the beginning and the end of the description of the remainder, (2) underline (CAPS) the remainder, and (3) state whether the remainder is vested or contingent.
5-29 O to A for life, then to B, on condition that B has passed the bar. (B has been practicing law for 10 years.)

Back 29

O to A for life, //THEN TO B, // on condition that B has passed the bar. (Vested).

Front 30

5-30 O to A for life, then to B, but if B uses the land for an insurance agency, then back to O.

Back 30

O to A for life, //THEN TO B, // but if B uses the land for an insurance agency, then back to O. (Vested).

Front 31

5-31 O to A for life, then to B if B does not then own an insurance agency.

Back 31

O to A for life, //THEN TO B IF B DOES NOT THEN OWN AN INSURANCE AGENCY. // (Contingent).

Front 32

5-32 O to A for life, then to B if B is then married.

Back 32

O to A for life, // THEN TO B IF B IS THEN MARRIED. // (Contingent).

Front 33

5-33 O to A for life, then to B; however, if B divorces after A dies, then to O.

Back 33

O to A for life, //THEN TO B; // however, if B divorces after A dies, then to O. (Vested).

Front 34

5-34 O to A for life, then to A's surviving cousins (A has two cousins.)

Back 34

O to A for life, //THEN TO A'S SURVIVING COUSINS. // (Contingent).

Front 35

5-35 O to A for life, then to A's children. (A has one child.)

Back 35

O to A for life, // THEN TO A'S CHILDREN. // (Vested).

Front 36

5-36 O to A for life, then to the 2001 graduates of O's law school class. (The conveyance was made in 2002.)

Back 36

O to A for life, //THEN TO THE 2001 GRADUATES OF O'S LAW SCHOOL. // (Vested).

Front 37

5-37 O to A for life, then to A's widow.

Back 37

O to A for life, // THEN TO A'S WIDOW. // (Contingent).

Front 38

5-38 O to A for life, then to B's heirs. (B is alive.)

Back 38

O to A for life, //THEN TO B'S HEIRS. // (Contingent).

Front 39

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

Back 39

A's heirs have a contingent remainder.

Front 40

5-40 O to A and her heirs.

Back 40

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

Front 41

The following conveyances will help you practice the material we have studied so far. Some of these conveyances contain reversionary intersts (reversions, possibilities of reverter, and rights of entry), and some contain remainders. For each conveyance, give the state of the title. Remember how to decide whether to work above the line or below the line on the chart.
5-41 O to A for life, then to B.

Back 41

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

Front 42

5-42 O to A for life, then to O.

Back 42

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

Front 43

5-43 O to A and her heirs until B reaches 25. (B is 12.)

Back 43

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

Front 44

5-44 O to A and her heirs, but if A divorces, then to O.

Back 44

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

Front 45

5-45 O to A and her heirs so long as A never uses illegal drugs.

Back 45

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

Front 46

5-46 O to A and her heirs, but if B reaches 25, then to O. (B is 15.)

Back 46

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

Front 47

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

Back 47

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.)

Front 48

5-48 O to A for life or until A divorces, then to O.

Back 48

A has a possessory estate in life estate determinable, and O has a reversion in fee simple absolute. (O actually has two interest: 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.)

Front 49

In which of these two conveyances is B's remainder vested and in which is B's remainder contingent?
5-49 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.

Back 49

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

Front 50

In which of the following conveyances has O retained an interest?
5-50 O to A for life, then to B, on condition that B has passed the bar.

Back 50

Yes.

Front 51

5-51 O to A for life, then to B.

Back 51

No.

Front 52

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

Back 52

Yes.

Front 53

5-53 O to A for life, then to B if B has married. (B is presently married.)

Back 53

No.

Front 54

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

Back 54

Yes.

Front 55

5-55 O to A for life, then to A's surviving cousins (A has two cousins.)

Back 55

Yes.

Front 56

5-56 O to A for 10 years, then to B for 10 years.

Back 56

Yes.

Front 57

5-57 O to A and the heirs of her body, then to B.

Back 57

No.

Front 58

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

Back 58

Vested.

Front 59

5-59 "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.

Back 59

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

Front 60

5-60 "O to A for life, then to B if B marries." Then B gets married. Subsequently, B divorces.

Back 60

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

Front 61

5-61 "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.

Back 61

Contingent.