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32 Cards in this Set
- Front
- Back
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Example 1. O conveys “to A for life.”
[Reversion] |
O has a reversion in fee simple that is certain to become possessory. At A’s death, either O or O’s successor in interest will be entitled to possession.
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Example 2. O conveys “to A for life, then to B and her heirs if B survives A.” [Reversion]
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O has a reversion in fee simple that is not certain to become possessory. If B dies before A, O will be entitled to possession at A’s death. On the other hand, if A dies before B, O’s reversion is divested on A’s death and will never become possessory
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Example 3. O conveys “to A for life, then to B and her heirs.” [Remainder]
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B has an indefeasibly vested remainder certain to become possessory upon termination of the life estate. If B dies during A’s life, on B’s death B’s remainder passes to B’s devisees, or, if B dies without a will, passes to B’s heirs, or, if B dies without a will and without heirs, escheats to the estate. B or B’s successor in interest is certain to take possession upon A’s death.
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Example 4. O conveys “to A for life, then to A’s children and their heirs.” A has one child, B. [Remainder]
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The remainder is vested in B subject to open to let in later born children. B’s exact share cannot be known until A dies. If A has no child at the time of the conveyance, the remainder is contingent because no taker is unascertained.
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Example 5. O conveys “to A for life, then to the heirs of B.” B is alive. [Remainder]
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The remainder is contingent because the heirs of B cannot be ascertained until B dies. No living person has heirs, only heirs apparent. If B’s heirs apparent do not survive B, they will not be B’s heirs. The words “heirs of B” refers only to persons who survive B and are designated as B’s intestate successors by the applicable statute of intestate succession.
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Example 6. O conveys “to A for life, then to B and her heirs if B survives A.” [Remainder]
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The language “if B survives A” subjects B’s remainder to a condition precedent B can take possession only if B survives A.
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Example 7. O conveys “to A for life, then to B and her heirs if B survives A, and if B does not survive A to C and his heirs.” [Remainder]
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The language “if B survives A” subject’s B’s remainder to the condition precedent of B surviving A, and the language “and if B does not survive A” subjects C’s remainder to the opposition condition precedent. Here we have alternative contingent remainders in B and C. If the remainder in B vests, the remainder in C cannot, and vice versa.
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Example 8. O conveys “to A for life, then to B and her heirs, but if B does not survive A to C and his heirs.”
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Note carefully: B does not have a contingent remainder. B has a vested remainder in a fee simple subject to divestment; C has a shifting executory interest which can become possessory only by divesting B’s remainder.
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Example 9. Prior to the State of Uses (1536), O conveys Whiteacre, a small tract of land, “to my eldest son A and his heirs, but if A inherits Blackacre (the family manor), then Whiteacre is to go to my second son B and his heirs.”
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Under this conveyance, A takes a fee simple absolute and B takes nothing. O cannot shift title and thus is prevented from planning in this manger for contingent events. (no shifting interest)
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Example 10. Prior to the Statute of Uses, O conveys “to A and her heirs when A marries B.”
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Under this conveyance, A takes nothing; O is left with the fee simple. (no springing interest)
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Example 11. Before the Statute of Uses, O goes on the land and enfeoffs “X and his heirs to hold to the use of A and his heirs, but if A inherits the family manor, then to the use of O’s second son B and his heirs.”
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Compare to Example 9 – Shifting interest
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Example 12. After 1536 O bargains and sells “to A and his heirs, but if B returns from Rome, then to B and his heirs.”
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Here the bargain and sale conveyance raised a use in A and shifting use in B. These were immediately “executed” by the statute, leaving as the state of legal title: fee simple in A subject to a shifting executory interest in B in fee simple.”
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Example 13. After 1536 O covenants to stand seised for the benefit “of A and her heirs when A marries B.”
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Here the covenant to stand seised raised a use – which was immediately “executed” by the statute, leaving as the state of legal title: fee simple in O subject to a springing executory interest in A in fee simple.
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Example 14. O conveys “to A and his heirs, but if A dies without issue surviving him, to B and her heirs.” [Executory Interest]
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A has a possessory fee simple subject to an executory limitation (or subject to divestment by B’s executory interest). B’s future interest can become possessory only by divesting A.
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Example 15. O conveys “to A for life, then to B and her heirs, but if B dies under the age of 21, to C and her heirs.” B is 15. [Executory Interest]
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B has a vested remainder in a fee simple subject to an executory limitation (or subject to divestment by C’s executory interest if B dies under age 21).
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Example 16. O conveys “to Harford School Board, its successors and assigns, but if the premises are not used for school purposes during the next 20 years, so B and her heirs.” [Executory Interest]
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The School Board has a fee simple subject to an executory interest that will automatically divest the Board’s fee simple if the condition happens. (In this respect the executory interest differs from a right of entry in O, which is optional, not automatic in divesting.)
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Example 17. O conveys “to Town Library Board so long as the premises are used for library purposes, then to Children’s Hospital.” [Executory Interest]
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The Library Board has a determinable fee. Children’s Hospital has an executory interest.
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Example 18. O conveys “to X in trust to pay the income to A for life, and then to pay the principle to A’s children who survive A.” X is given the express power to sell Blackacre.
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X has the legal fee simple in Blackacre; A has an equitable life estate and is entitled to all the income generated by the property. A’s children have an equitable contingent remainder, and O has an equitable reversion. If X sells Blackacre for $200k and reinvests the $200k in Whiteacre and General Motors stock , the trust property then consists of these latter items. Upon A’s death X conveys the trust property to the persons entitled thereto, A’s children if any are alive or O if A has no surviving children.
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Example 19. The trustee invests all the trust property in one investment. The investment goes sour.
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The trustee has not prudently invested the property because a prudent trustee would diversify the investments. There is much greater risk in putting all the eggs in one basket rather then dividing them among several baskets. The trustee is personally liable to the beneficiaries for the amount lost by the trustee’s breach of the duty of prudent investment.
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Example 20. T devises a sum in trust “for A for life, then to B if B survives A, and if B does not survive A, then to such one or more of B’s spouse and B’s issue as B appoints by will.”
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B has a remainder contingent upon surviving A and a special power of appointment among a limited class. If B dies during A’s life, the property passes at A’s death to the persons to whom B appoints; if B does not exercise the power, the property passes back to T’s estate.
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Example 21. O conveys “to A for life, then to B and her heirs if B reaches 21.” [Destructibility of Contingent Remainders]
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If at A’s death B s under the age of 21, B’s remainder is destroyed. Seisin returns to O. It will take a new conveyance by O to give B anything.
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Example 22. O conveys “to A for life, then to B and her heirs if B survives A.” A conveys his life estate to O. [Merger Doctrine]
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The life estate merges into reversion, destroying B’s contingent remainder.
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Example 23. O conveys “to A for life, then to A’s heirs.” [Rule in Shelley’s Case]
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The rule in Shelley’s Case gives A a vested remainder in a fee simple. A’s life estate then merges into the remainder, leaving A with a fee simple in possession. The land is immediately alienable by A and not tied up for A’s lifetime.
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Example 24. O conveys “to A for life, then to O’s heirs.” [Doctrine of Worthier Title]
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The remainder to O’s heirs is void; O has a reversion.
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Example 25. O transfers a sum in trust “for A for life, then to A’s first child to reach 21.” [RAP]
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A is the validating life. You can prove that any child of A who reaches 21 will necessarily reach 21 within 21 years of A’s death. The remainder must vest or fail within this period; it cannot possibly vest more than 21 years after A dies. The remainder is valid.
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Example 26. O transfers a sum in trust “for A for life, then to A’s first child to reach 25.” [RAP]
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There is no validating life; the contingent remainder is void. You cannot prove that A’s first child to reach 25 will do so within 21 years after A’s death. Here is what might happen: A’s presently living children (all under 25) die; A has another child, B, a year later; A dies leaving B, age 3, alive. B will not reach 25 within 21 years after A’s death.
[Create, Kill, Count]. |
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Example 27. T devises property “to my grandchildren who reach 21.” T leaves 2 children and three grandchildren under 21.
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The validating lives are T’s two children; all of T’s grandchildren must reach 21, if at all, within 21 years after the death of T’s two children. The gift is valid.
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Example 28. O conveys “to A for life, then to A’s children for their lives, then to B.” [RAP]
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The remainder to B is vested upon creation. Observe that B’s remainder may not vest in possession at the death of A’s afterborn children, which may be too remote; but the remainder is valid because it is vested in interest now.
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Example 29. O conveys “to the School Board so long as used for a school.” [Exemption from RAP (interest in transferor)]
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The School Board has a fee simple determinable; O has a possibility of reverter exempt from RAP.
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Example 30. O conveys “to the School Board, but if it ceases to use Blackacre for school purposes, O has a right to re-enter.” [Exempt from RAP (interest in transferor)]
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The School Board has a fee simple subject to condition subsequent; O has a right of entry exempt from RAP.
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Example 31. O conveys “to the School Board so long as used for a school, then A and her heirs.” [Exempt from RAP (interest in transferee)]
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A’s executory interest violates RAP. It will not necessarily vest within A’s lifetime or within 21 years after A’s death. It may become possessory centuries from now. When an interest violates RAP, it is struck out and the remaining valid interests stand.
Take a pencil and line out the void gift: “then to A and her heirs” This leaves a fee simple determinable in the School Board. Since O has not given away O’s entire interest, O has a possibility of reverter. |
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Example 32. O conveys “to the School Board, but if it ceases to use Blackacre for school purposes to A and her heirs.” [Exempt from RAP (interest in transferee)]
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The School Board has a fee simple subject to a (purported) executory interest. A’s executory interest violates RAP for the reason given in Example 31. Strike it out, beginning with “but if it ceases” This leaves a standing conveyance “to the school board”. The School Board has a fee simple absolute.
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