Property Chapter 3 - The Family Of Remainders

Front 1

What is the general property of destructibility re: contingent remainders

Back 1

A contingent remainder is destroyed unless it vests at or before the termination of the preceding estate.

Front 2

State of Title
O --> A for life, then to B and his heirs if B marries C

Back 2

A - Life Estate
B - contingent remainder in fee simple
O - Reversion

Front 3

State of Title
O --> A for life, then to B and his heirs if B marries C
What if B dies unmarried?

Back 3

A - Life Estate
O - Reversion

Front 4

State of Title
O --> A for life, then to B and his heirs if B marries C
What if A dies before B marries?

Back 4

B's contingent remainder failed to vest in time.
O - reversion becomes possessory and O has a fee simple absolute.

Front 5

State of Title
O --> A for life, then to B and his heirs if B marries C
What if B marries C while A is living?

Back 5

A - Life Estate
B - vested remainder in fee simple
O - Nothing

Front 6

T or F
Vested remainders are indestructable

Back 6

True

Front 7

State of Title
O --> A for life, then to B and his heirs.

Back 7

A - Life Estate
B - vested remainder in fee simple.

Front 8

State of Title
O --> A for life, then to B and his heirs.
What if B dies, leaving H as an heir.

Back 8

A - Life Estate
H - vested remainder in fee simple.

Front 9

State of Title
O --> A for life, then if B marries C to B and his heirs.
If B is unmarried and A is alive

Back 9

A - life estate
B - contingent remainder in fee simple
O - reversion

Front 10

State of Title
O --> A for life, then if B marries C to B and his heirs.
B marries C

Back 10

A - Life Estate
B - Vested remainder in fee simple

Front 11

State of Title
O --> A for life, then if B marries and is still married to C on A's death to B and his heirs.

Back 11

A - Life Estate
B - Contingent remainder in fee simple that can't be tested until A's death
O - Reversion

Front 12

State of Title
O --> A for life, then to the first son of A who reaches 21 and his heirs.
A dies and son is 16

Back 12

Contingent remainder is destroyed. O's reversion becomes possessory.

Front 13

State of Title
O --> S for life, then to A and his heirs if A marries S and, if A fails to marry S, then to B and his heirs.
O, S, A, and B are living

Back 13

S - Life Estate
A - Contingent remainder in fee simple
B - alternative contingent remainder in fee simple
O - Reversion

Front 14

State of Title
O --> S for life, then to A and his heirs if A marries S and, if A fails to marry S, then to B and his heirs.
B dies w/o a will & D is his heir.

Back 14

S - Life Estate
A - Contingent remainder in fee simple
D - alternative contingent remainder in fee simple
O - Reversion

Front 15

State of Title
O --> S for life, then to A and his heirs if A marries S and, if A fails to marry S, then to B and his heirs.
A marries S

Back 15

S - Life Estate
A - Vested remainder in fee simple

Front 16

State of Title
O --> S for life, then to A and his heirs if A marries S and, if A fails to marry S, then to B and his heirs.
A marries S and S dies

Back 16

A - Fee simple

Front 17

Estate by Merger

Back 17

Merger treats separate interests that belong to one person, under some circumstances, as having combined into a larger interest.

Front 18

State of Title
O --> A for life, then to B and his heirs.

Back 18

A - Life Estate
B - Vested remainder in fee simple.

Front 19

State of Title
O --> A for life, then to B and his heirs.
A and B sell their interest to X

Back 19

X - Life Estate pur autre vie
X - vested remainder in fee simple
...under Merger - X - fee simple absolute

Front 20

State of Title
O --> Church and its successors and assigns as long as the land is used as a church

Back 20

Church - fee simle determinable
O - possibility of reverter

Front 21

State of Title
O --> Church and its successors and assigns as long as the land is used as a church (Church releases its interest to O)

Back 21

O - fee simple determinable from church
O - possilibity of reverter
Merged: O - fee simple absolute

Front 22

State of Title
O --> A for life, then to B and his heirs.
A is living, B is unmarried, O conveys reversion to A

Back 22

A - Life Estate
B - Contingent remainder in fee simple
A - Reversion
Merged - A - fee simple absolute, B - nothing.

Front 23

State of Title
O --> A for life, then to B and his heirs, if B reaches 21. (Assume A renounces her life interest and B is not 21.)

Back 23

A's life estate is terminated.
B's interest is destroyed for failing to vest in time.
O's interest will become possessory.

Front 24

State of Title
O --> A for life, then to A's children and their heirs. (Assume A has no children.)

Back 24

A - Life Estate
Contingent remainder in fee in favor of A's unborn children
O - Reversion

Front 25

State of Title
O --> A for life, then to the children of A who reach 21 and their heirs. (Assume A has two children, 6 and 10.)

Back 25

A - Life Estate
Contingent remainder in fee in favor of A's children who reach 21
O - Reversion

Front 26

State of Title
O --> A for life, then to the children of A who reach 21 and their heirs. (Assume A has a child that is 21.)

Back 26

A - Life Estate
X - vested remainder, subject to open

Front 27

State of Title
O --> A for life, then to the children of A and their heirs. (Assume A has no children)

Back 27

A - Life Estate
Contingent remainder in favor of the children of A
O - Reversion

Front 28

State of Title
O --> A for life, then to the children of A and their heirs. (Assume A has no children and O conveys his reversion to A)

Back 28

A - fee simple absolute; the contingent remainder in the chidlren will be destroyed by failing to vest before the termination of the prior estate by merger.

Front 29

State of Title
O --> A for life, then to the children of A and their heirs. (Assume A has one child.)

Back 29

A - Life estate
Child - vested remainder, subject to open, in fee.
Reversion is destroyed.

Front 30

State of Title
O --> A for life, then to the children of A and their heirs. (Assume A has one child that dies and leaves a will favoring the child's spouse.)

Back 30

A - Life Estate
Child's spouse - vested remainder, subject to open.

Front 31

What is a vested Remainder?

Back 31

A remainder created in an identifiable grantee or identifiable group that is not subject to any condition and that is not subject to decrease or increase.

Front 32

Is this a vested or contingent remainder?
O --> A for life, then to B and his heirs

Back 32

Vested

Front 33

O --> A for life, remainder to B for life.

Back 33

Vested, but if B dies before A, B's interest disappears

Front 34

O --> A for life, then to B and his heirs as long as the land is farmed.

Back 34

Vested

Front 35

What is a vested, subject to open?

Back 35

A vested remainder belonging to a class of persons that may increase in number.

Front 36

State of Title?
O --> A for life, then to the children of A and their heirs. (A has one child, B.)

Back 36

B has a Vested remainder, subject to Open

Front 37

State of Title?
O --> A for life,then to the children of C and their heirs. (C has one child, B.)

Back 37

B has a Vested remainder, subject to Open

Front 38

State of Title?
O --> A for life, then to B and his children.

Back 38

B has a Vested remainder, subject to Open

Front 39

What is a Contingent Remainder

Back 39

A remainder that is subject to a condition precedent or created in an unborn or unascertainable person.

Front 40

State of Title?
O --> A for life, then to B and his heirs if B marries C. (Assume that B has not married C.)

Back 40

B has a contingent remainder in fee

Front 41

State of Title?
O --> A for life, remainder to the firstborn son of A and his heirs. (A has no sons.)

Back 41

There is a contingent remainder in fee in favor of A's firstborn son.

Front 42

State of Title?
O --> A for life, then to B's heir. (B is living.)

Back 42

Contingent Remainder in fee in favor of that person who, on B's death, would be entitled to take any property not devised by will.

Front 43

O -> W for life, then to A and his heirs if A survives W, and if A fails to survive W, then to B and his heirs.
O,W,A, and B are all living.

Back 43

W - Life estate
A - Contingent remainder in fee simple
B - Alternative contingent remainder in fee simple
O - Reversion

Front 44

O -> W for life, then to A and his heirs if A survives W, and if A fails to survive W, then to B and his heirs.
B dies leaving a sole heir, D

Back 44

W - Life estate
A - Contingent remainder in fee simple
D - Alternative contingent remainder in fee simple
O - reversion

Front 45

O -> W for life, then to A and his heirs if A survives W, and if A fails to survive W, then to B and his heirs.
W dies

Back 45

A - fee simple absolute

Front 46

O -> W for life, then to A and his heirs if A survives W, and if A fails to survive W, then to B and his heirs.
A dies leaving a sole heir, E.

Back 46

E - fee simple absolute

Front 47

O --> A and the heirs of his body, then to the firstborn son of B and his heirs.
(O,A, and B are all living; neither A or B have children. A and B are both married.)

Back 47

A - Fee Tail
Firstborn son of B - contingent remainder in fee simple
O - Reversion

Front 48

O --> A and the heirs of his body, then to the firstborn son of B and his heirs. (A has a son, C. A's wife dies in childbirth.)

Back 48

A - fee tail.
Firstborn son of B - contingent remainder in fee simple
O - Reversions.

Front 49

O --> A and the heirs of his body, then to the firstborn son of B and his heirs. (B has a son D)

Back 49

A - Fee Tail.
D - Vested Remainder in fee simple.

Front 50

O --> A and the heirs of his body, then to the firstborn son of B and his heirs. (B has a son, D and B dies.)

Back 50

A - Fee Tail
D - Vested Remainder in fee simple.

Front 51

O --> A and the heirs of his body, then to the firstborn son of B and his heirs. (A has a son C. A dies never having married again, and with a will leaving everything to E and his heirs.)

Back 51

C - Fee tail
D - Vested reaminder in fee simple.
E - Nothing

Front 52

O --> A for life, remainder to the children of A who survive A and their heirs. (A is living w/ no children.)

Back 52

A - Life Estate
There is a contingent remainder in favor of the children of A who survive A.
O - Reversion

Front 53

O --> A for life, remainder to the children of A who survive A and their heirs.
A has a child. X

Back 53

A - Life Estate
There is a contingent remainder in favor of the children of A who survive A.
O - Reversion

Front 54

O --> A for life, remainder to the children of A who survive A and their heirs.
A has a child, Y.

Back 54

A - Life Estate
There is a contingent remainder in favor of the children of A who survive A.
O - Reversion

Front 55

O --> A for life, remainder to the children of A who survive A and their heirs.
A has a child. X who dies leaving H as an heir.

Back 55

A - Life Estate
There is a contingent remainder in favor of the children of A who survive A. H inherits nothing.
O - Reversion

Front 56

O --> A for life, remainder to the children of A who survive A and their heirs.
A has two children, X (heir H) and Y. X dies. A dies.

Back 56

Y - Fee Simple Absolute

Front 57

O --> A for life, then to B and his heirs so long as liquor is not sold on the premises.
O, A, and B are living.

Back 57

O - possibility of reverter
A - life estate
B - vested remainder in fee simple determinable.

Front 58

O --> A for life, then to B and his heirs so long as liquor is not sold on the premises. A dies.

Back 58

O - Possibility of Reverter
B - Fee simple determinable

Front 59

O --> A for life, then to B and his heirs so long as liquor is not sold on the premises. A dies. O dies leaving as his heir D.

Back 59

D - Possibility of Reverter
B - Fee simple determinable.

Front 60

O --> A for life, then to B and his heirs so long as liquor is not sold on the premises. A dies. O dies w/ D as heir. B opens a liquor store.

Back 60

D - Fee simple absolute.