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104 Cards in this Set
- Front
- Back
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O --> A and his heirs
What is the State of Title? |
A - Fee Simple Absolute
O - Retains Nothing |
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O --> A and the heirs of his body.
What is the State of Title? |
A - Fee Tail
O - Reversion |
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O --> A for life
What is the State of Title? |
A - Life Estate
O - Reversion |
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O --> A and his heirs as long as the land is farmed.
What is the State of Title? |
A - Fee simple determinable (as long as the land is farmed)
O - Possibility of Reverter |
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O --> A and his heirs, but if the land is not farmed, then O may reenter and claim the land.
What is the State of Title? |
A - Fee simple on condition subsequent
O - Right of Entry (if the land is not farmed) |
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How is a reversion created?
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When O conveys an expirable estate, i.e., a fee tail or a life estate
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Is a reversion Alienable?
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Yes
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Is a reversion Inheritable?
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Yes
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How is a Possibility of Reverter Created?
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When O conveys a fee simple determinable.
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Is a Possibility of Reverter Alienable?
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Not by gift or sale. With respect to a will, there is no clear authority.
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Is a possibility of reverter inheritable?
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Yes
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How is a right of Entry created?
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When O conveys a fee simple on Condition Subsequent.
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Is a right of entry alienable?
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No
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Is a right of entry inheritable?
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Yes
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Ruel 1 relative to creating future interests in a grantee before 1536.
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1. Only expirable estates could be followed by a future interest in a grantee
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Rule 2 relative to creating future interests in a grantee before 1536.
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The future interest created in B must be capable of taking effect immediately upon expiration of the preceding estate.
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What is an example of Rule 2?
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O --> A for life, then to B and his heirs.
A - Life Estate B - Remainder |
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Does this satisfy Rule 2?
O --> A for life, and one year later to B and his heirs. |
No
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Does this satisfy Rule 2?
O --> A for life, then to B ten years after A's death if B is still solvent. |
No
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Does this satisfy Rule 2?
O --> A for life, then if B survives A, to B and his heirs. |
Yes...B's future interest is ready to take effect on A's death.
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Does this satisfy Rule 2?
O --> A for life, then if B has married C, to B and his heirs. |
Yes...B's future interest is able to be tested on A's death.
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Is this future interest valid?
O --> A for life, then if B marries C either before or after A's death, to B and his heirs. |
No since the condition is not verifable at the expiration of A's life estate.
A - Life Estate, B - Nothing, C - Reversion. |
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Is this valid?
O --> A for life, then if B marries C, to B and his heirs. |
Yes...if a condtion could be read to be verifiable at A's death then it should be read that way. (Purefoy v. Rogers)
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What is the third pre-1536 requirement for a future interest?
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The future interest created in B must not take effect before the expiration fo the preceding estate.
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O --> A for life, then if B remarries C, to B and his heirs.
What does B have? |
B has a remainder.
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O --> A for life, then if B marries C while A is living, immediately to B and his heirs.
What is the state of title? |
Violating Rule 3 - A's life estate cannot be cut short, therefore, A has a life estate, B has nothing, and O has a reversion
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O --> A for life, but if B ever becomes President, then to B and his heirs.
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"But if" ... A has a life estate, B has nothing, and O has a reversion.
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O --? A for life, then to B and his heirs.
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B has a remainder.
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O --> A and the heirs of his body, remainder to B and his heirs.
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B has a remainder.
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O --> A and his heirs as long as A farms the land, then to B and his heirs.
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B's interest follows a fee simple determinable, which does not expire. Therefore, B's interest is not a remainder and is void. B has nothing, A has a fee simple determinable, and O has a possibility of reverter.
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O --> A for life and one year after A's death to B and his heirs.
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B has nothing and O has a reversion.
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O --> A for life, remainder one year after A's death to B and his heirs.
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B has nothing and O has a reversion.
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O --> A for life, then if B has married W, to B and his heirs.
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B has a remainder.
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O --> A for life, but if B marries W, then to B and his heirs.
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B has nothing and O has a reversion.
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O --> A for life, but if A should become Protestant, then to B and his heirs.
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A has a life estate
B has nothing O has a reversion. |
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O --> A for life, then to whoever is president of GM and his or her heirs.
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The future president of GM has a remainder even though that person will not be identifiable until A's death.
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O --> A for life, then if B has reached the age of 21, to B and his heirs.
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B has a remainder.
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O --> A for life, remainder to A's heir and his heirs.
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A's heir, unidentifable if A is alive, has a remainder.
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O --> A for life, then to B for life.
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B has a remainder in a life estate.
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O --> A for life, then to B and his heirs.
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B has a remainder in fee simple.
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O --> A for life, then to B and his heirs as long as he remains unmarried.
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B has a remainder in fee simple determinable.
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W is said to have a vested remainder if X has a remainder and:
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1. X is a person born and ascertainable, and
2. There is no condition other than expiration of the preceding estate that must be met before X's interest may come into possession. |
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O --> A for life, then to B and his heirs.
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A - Life Estate
B - vested remainder in fee simple. |
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Is this remainder vested?
O --> A for life, then to A's youngest child living at the time of A's death and that child's heirs. |
No because we won't know who A's youngest child will be until A dies.
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Is this remainder vested?
O --> A for life, then to B and his heirs. (B is an identifiable, living person at Tg.) |
Yes..B has a vested remainder in fee simple.
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Is this remainder vested?
O --> A for life, then to the very first child born in NY on the day of A's death and that child's heirs. |
The child is unborn and therefore its remainder is not vested.
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Is this remainder vested?
O --> A and the heirs of his body, then to B's heir and his heirs. (B is living.) |
A living person has no heir, only potential heirs, so B's heir is unascertained. Thus, B's heir's remainder is not vested.
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Is this remainder vested?
O --> A for life, then to B and his heirs as long as the land is farmed. |
The condition is understood to be on B's possession, not on his taking. There is no condition that must be satisifed in order for B to come into possession. Therefore, B's remainder is a vested remaidner in fee simple determinable.
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Is this remainder vested?
O --> A for life, then if B has agreed to farm the land, to B and his heirs. |
Here the condition must be satisfied before B may come into possession, thus the remainder is not vested.
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X is said to have a contingent remainder if X has a remainder and:
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1. X is unborn or unascertainable, or
2. There is a condition that must be satisfied before X may come into possession. |
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What is the state of title?
O --> A for life, then if B survives A, to B and his heirs. |
A has a life estate
B has a contingent remainder in fee simple. |
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What is the state of title?
O --> A for life, then to B's oldest child living at the time of A's death and that child's heirs. |
A has a life estate
Contingent remainder in fee simple of B's oldest child living at A's death. |
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What is the state of title?
O --? A for life, then if B survives A, to B and his heirs. |
A - Life Estate
B - Contingent Remainder in fee simple. O - Reversion |
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What is the state of title?
O --> A and the heirs of his body, then if B is still living, to B and his heirs. |
B has a contingent remainder in fee simple.
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What is the state of B's title?
O --> A for life, then if B has married C, to B and his heirs. |
B has a contingent remainder in fee simple.
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What is the state of title?
O --> A for life, then to A's firstborn child and that child's heirs. |
If A has children, the remainderman is known and the remainder is vested. If A has no children, then O has created a contingent remainder in fee simple in favor of A's unborn "first born."
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What is the state of title?
O --> A for life, but if A's firstborn i male, then to that child and hi heirs. |
A's firstborn has nothing because of "but if", A has a life estate and O has a reversion.
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Alternative Contingent Remainder:
X and Y have alternative Contingent Remainders if: |
1. X has a contigent remainder.
2. X's remainder is followed by Y's future interest. |
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What is the state of title?
O --> A for life, then if B marries C, to B and his heirs, but if B does not marry C, then to D and his heirs. |
A - Life Estate
B - Contingent remainder in fee simple D - Alternative Contingetn remainder in fee simple O - Reversion |
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O --> A for life, then to B's oldest child living at A's death and that child's heirs, but if none of B's children are living at A's death, then to C and his heirs.
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A - Life Estate
Contingent remainder in fee simple of B's oldest child living at A's death C's alternative contingent remainder in fee simple. O - Reversion |
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State of Title?
O --> A for life, then if B has married C, to B and his heirs. |
If A is alive and B has married C, B's remainder is vested. However, if B and C are not married, then B's remainder is contingent.
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O --> A for life, then to B for life, then to C for life.
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A - Life estate
B - vested remainder for life C - vested remainder for life O - reversion |
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O --> A for life, then to B and his heirs as long as the land is farmed.
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A - life estate
B - vested remainder in fee simple determinable O - possibility of reverter |
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Present Possessory Estate:
Fee Simple Absolute |
Future Estate:
Grantor: None Grantee: None |
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Present Possessory Estate:
Fee Tail |
Future Estate:
Grantor: Reversion Grantee: Remainder |
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Present Possessory Estate:
Life Estate |
Future Estate:
Grantor: Reversion Grantee: Remainder |
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Present Possessory Estate:
Fee Simple Determinable |
Future Estate:
Grantor: Possibility of Reverter Grantee: None |
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Present Possessory Estate:
Fee Simple on Condition Subsequent |
Future Estate:
Grantor: Right of Entry (Power of Termination) Grantee: None |
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Present Interest:
Fee Simple Absolute Alienable? Devisable? Inheritable? |
Yes
Yes Yes |
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Present Interest:
Fee Tail Alienable? Devisable? Inheritable? |
Limited
No Modified |
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Present Interest:
Life Estate(not pur autre vie) Alienable? Devisable? Inheritable? |
Yes
No No |
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Present Interest:
Fee Simple Determinable Alienable? Devisable? Inheritable? |
Yes
Yes Yes |
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Present Interest:
Fee Simple on Condition Subsequent Alienable? Devisable? Inheritable? |
Yes
Yes Yes |
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Future Interests
Reversion Alienable? Devisable? Inheritable? |
Yes
Yes Yes |
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Future Interests
Possibility of Reverter Alienable? Devisable? Inheritable? |
No
Probably Not Yes |
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Future Interests
Right of Entry Alienable? Devisable? Inheritable? |
No
No Yes |
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Future Interests
Remainder - Vested Alienable? Devisable? Inheritable? |
Yes
Yes Yes |
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Future Interests
Remainder - Contingent Alienable? Devisable? Inheritable? |
No
Yes Yes |
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State of Title?
O --> A |
O has a reversion
A has a life Estate |
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State of Title?
O --> A in fee simple absolute |
O has a reversion
A has a life estate (Remember the magic words "and his heirs" were required at common law.) |
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State of Title?
O --> A and the male heirs of his body. |
O has a reversion
A has a fee tail male. |
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State of Title?
O --> A for life, then to B and his heirs (B is O's older brother, alive at Tg) |
O has nothing
A has a life estate B has a vested remainder in fee simple. |
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State of Title?
O --> A for life, then if A dies unmarried, to B and his heirs, otherwise to W for life. |
O - Reversion
A - Life Estate B - Contingent remainder in fee simple W - alternative contingent remainder in a life estate. |
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What is B's interest? (< 1530)
O --> B and his heirs. |
B has a fee simple
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What is B's interest? (< 1530)
O --> B and his heirs as long as the fences stay in good repair. |
B has a fee simple determinable
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What is B's interest? (< 1530)
O --> B and his heirs, but if a Democrat is ever elected President, O may reenter and reclaim the land. |
B has a fee simple on condition subsequent
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What is B's interest? (< 1530)
O --> B and the heirs of his body. |
B has a fee tail.
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What is B's interest? (< 1530)
O --> A and his heirs (B is A's oldest boy, alive and well at Tg.) |
B has nothing. B only has an expectancy, not considered a property interest, that he will be entitled to the property when A dies.
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What is B's interest? (< 1530)
O --> A for life, then if B marries C, to C and her heirs. |
B has nothing.
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What is B's interest? (< 1530)
O --> A for life, then if B marries C, to B and his heirs. |
If B is unmarried - contingent remainder in fee simple
I B is married to C - remainder is vested. If B is married to someone else, then the remainder is contingent, as B might still divorce that person and marry c. |
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What is B's interest? (< 1530)
O --> A and his heirs, but if the land is ever used for commercial purposes, to B and his heirs. |
B has nothing. The "But if" language purports to cut short A's interest, so the interest O attempted to give B is void.
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What is B's interest? (< 1530)
O --> A for life, then to W for life, then, if Z is still alive, to C for life, otherwise to B and his heirs. |
B has an alternative contingent remainder in fee simple.
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O wants her friend A to have a fee simple absolute.
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O --> A and her heirs.
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O wants A to have a fee simple - "almost"; i.e., she never wants the land to be used for commercial purposes.
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O --> A and his heirs as long as the land is not used for commercial purposes.
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O wants A to have a fee simple, unless and until B returns from Rome, in which case she wants B to have a fee simple.
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Not possible.
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O wants her son to have the land until he dies and afterwards she wants it to return to her, unless she is dead, in which case she wants it to go to her heirs.
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O --> Son for life.
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O would like to let A have the land while A is alive. After A dies, O wants the land to go either to B or C depending on who gets married first - O wants the land to go to the first of the 2 to marry.
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O --> A for life, and then to the first of B and C to marry and that person's heirs.
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O wants her friend A to have the land for A's life and then she wants it to go to her friend B's youngest son if B marries C. Otherwise O wants the land to go to the Catholic Chuch as long as it is used for church purposes.
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O --> A for life, then if B marries C, to B's youngest son, but if B doesn't marry C, to the Church as long as the land is used for church purposes.
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O wants the land to go to A and stay in A's direct family line.
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O --> A and the heirs of his body.
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Is the future interest vested remainder, contingent remainder or neither?
O --> A for life, then to B and his heirs. B is alive and well. |
A vested remainder
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Is the future interest vested remainder, contingent remainder or neither?
O --> A and his heirs, then to B and his heirs (B is alive and well.) |
Neither - the future interest is illegal, void or meaningless.
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Is the future interest vested remainder, contingent remainder or neither?
O --> A for life,then to B's oldes child living at A's death. |
Contingent Remainder.
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Is the future interest vested remainder, contingent remainder or neither?
O --> A and his heirs, but if the land is not farmed, to B and his heirs. |
Neither - the future interest is illegal, void or meaningless.
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Is the future interest vested remainder, contingent remainder or neither?
O --> A for life, then if X has married Y, to C and his heirs, but if X has not married Y, then to B and his heirs. |
A contingent Remainder.
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