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118 Cards in this Set
- Front
- Back
Collaterals |
The term for relatives like aunts, uncles, cousins, brothers, and sisters. |
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What is wrong with this sentence?
"All of the heirs gathered at the lawyer's office to learn what the decedent had left them in his will." |
"heirs" refers to people receiving property by inheritance, not by will
"devisees" would be the proper term |
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Fill in the blank:
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Intestate |
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Fill in the blank:
"The _____ [dead person] had no heirs." |
Decedent |
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What is wrong with this sentence?
"Since Harold did not have a will, Maude is the devisee of his entire estate." |
Maude is the heir, not the devisee. |
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Ancestors |
The term for parents, grandparents, and great-grandparents. |
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Fill in the blank:
"If Hazel had not died _______ [with a will], all of her estate would have passed to her daughter." |
Testate |
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Francine had never married. She died without a will and all of her blood relatives had died many years before. Therefore, her property will ________ to the state. |
Escheat |
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David's father has just written a will naming David as the sole beneficiary of the family business. What property interest does David have as a result of being named in the will? |
None |
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"O to A and her heirs." |
Fee Simple (Absolute) |
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"O to A and the heirs of her body." |
Fee tail |
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"O to A for life." |
Life estate |
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"O to A for 10 years." |
Term of years |
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What is the duration of B's estate?
"O conveys to A and the heirs of his body." Then A conveys to B. |
B's estate ends when A dies. |
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What is the duration of B's estate?
"O conveys to A for life." Then A conveys to B for 2 years. One month later, A dies. |
B's estate ends when A dies. |
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What is the duration of B's estate?
"O conveys to A for life." In 1993, A conveyed to B for 2 years. A died in 2001. |
B's estate ended in 1995. |
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What is the duration of B's estate?
"O conveys to A for life." Then A dies, devising her entire estate to B. |
B has no estate. |
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O conveys to B until he dies. |
B has a life estate. O has a reversion in FSA. |
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O devises to C for life, then to X. |
C has a life estate. X has a vested remainder in FSA. O has nothing. |
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O conveys to E for life, then to Z for life. |
E has a life estate. Z has a vested remainder in life estate. O has a reversion in FSA. |
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O devises to E for life, then to Z for life. |
E has a life estate. Z has a vested remainder in life estate. O's descendants have a vested remainder in FSA. |
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O conveys to F for life. F then conveys her interest to Google, Inc. |
F has a life estate. Google, Inc. has a life estate pur autre vie (until F dies). O has a reversion in FSA. |
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Voluntary waste |
An affirmative act that significantly reduces the value of the property (ex: demolishing a valuable building). |
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Permissive waste |
Failure to take responsible care to protect the estate (ex: failure to make repairs, failure to pay taxes, failure to insure the property). |
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Ameliorative waste |
An affirmative act that leads to a substantial change in the property that increases the value of the property (ex: constructing an additional building). |
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O to B and the heirs of his body. |
B has a fee tail. O has a reversion in FSA. |
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O to C and her children. |
C has FSA. |
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O to D and the children of his body. |
D has FSA. |
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O to E and the heirs of E. |
E has FSA. |
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What kinds of estates end naturally. |
Life estate, fee tail, and term of years. |
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O to A so long as A does not divorce B, then back to O. |
A has fee simple determinable. O has possibility of reverter in FSA. |
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O to A and his heirs, but if A divorces B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A and his heirs, provided that A does not divorce B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A; however, if A divorces B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A during the time A refrains from divorcing B, than back to O. |
A has fee simple determinable. O has possibility of reverter in FSA. |
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O to A, provided that A never drills for oil on the property. |
A has FSSCS. O has a right of entry in FSA. |
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O to A for life or until B graduates from medical school. |
A has fee simple determinable. O has right of entry in FSA. |
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O to A for life, on condition that A never sell alcohol on the property. |
A has FSSCS. O has right of entry in FSA. |
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O to A for 30 years while A resides on the premises. |
A has term of years determinable. O has reversion in FSA. |
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O to A and the heirs of her body so long as the land is farmed, but if the land ceases to be farmed, then back to O. |
A has fee simple determinable. O has possibility of reverter in FSA. |
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O to A; however, if A graduates from law school, then back to O. Two years later, A graduates from law school. O makes no attempt to re-take the property. |
A has FSSCS prior to graduating from law school.
O has a right of entry in FSA, which, if not exercised, does not interrupt A's FSSCS. |
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O conveys to A and her heirs so long as alcohol is not sold on the property. |
A has fee simple determinable. O has possibility of reverter in FSA. |
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O conveys to A and her heirs, provided that alcohol is not served on the propery. |
A has FSSCS. O has right of entry in FSA. |
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O conveys to A and her heirs but if the property is ever used for the sale of alcohol, then to B. |
A has FSSEL. B has shifting EI in FSA. O has nothing. |
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O devises to A and her heirs, provided that alcohol is not served on the property. |
A has FSSEL. O is dead. O's descendants have shifting EI in FSA. |
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O conveys to B and his heirs so long as the land is not used as a night club. |
B has FSD. O has possibility of reverter in FSA. |
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O devises to C and her heirs, but if Boston becomes a state then O's heirs have the right to reenter and retake the estate. |
C has FSSEL. O is dead. O's heirs have shifting EI in FSA. |
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O conveys to D for life, then to M and her heirs while the well continues to provide water. |
D has life estate. M has vested remainder in FSD. O has possibility of reverter in FSA. |
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O conveys to E and her heirs provided that alcohol is never served on the premises. |
E has FSSCS. O has right of entry in FSA. |
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O conveys to the First Baptist Church provided that the land is used as a church, then to Google, Inc. |
First Baptist Church has FSSEL. Google, Inc. has shifting EI in FSA. O has nothing. |
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What future interest remains after O conveys a fee simple absolute? |
None |
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If the future interest following a term of years is in the grantor, what is it called? |
Reversion |
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If the future interest following a fee simple subject to a condition subsequent is in the grantor, what is it called? |
Right of entry |
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If the future interest following a term of years subject to a condition subsequent is in the grantor, what is it called? |
Reversion |
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What is the name of the grantor's future interest that can interrupt the prior estate, causing it to end early? |
Right of entry |
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O to A so long as A does not divorce B, then back to O. |
A has FSD. O has possibility of reverter in FSA. |
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O to A and his heirs, but if A divorces B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A and his heirs, provided that A does not divorce B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A; however, if A divorces B, then to O. |
A has FSSCS. O has right of entry in FSA. |
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O to A during the time that A refrains from divorcing B, then back to O. |
A has FSD. O has possibility of reverter in FSA. |
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O to A, provided that A never drills for oil on the property. |
A has FSSCS. O has right of entry in FSA. |
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O to A for life or until B graduates from medical school. |
A has FSD. O has reversion in FSA. |
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O to A for life, on condition that A never sell alcohol on the property. |
A has life estate subject to condition subsequent. O has reversion in FSA. |
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O to A for 30 years while A resides on the premises. |
A has term of years determinable. O has reversion in FSA. |
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O to A and the heirs of her body so long as the land is farmed; but if the land ceases to be farmed, then back to O. |
A has fee tail determinable. O has reversion in FSA. |
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Michael conveys the house on Adams St. to Jane and her heirs, provided the Jane is never disbarred. |
Jane has FSSCS. Michael has right of entry in FSA. |
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Marilyn conveys to Arthur and his heirs for so long as the land is farmed. |
Arthur has FSD. Marilyn had possibility of reverter in FSA. |
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I, Carolyn, devise all of my real property to my husband John; however, if John ever lives in sin with a woman, then my property will go back to my estate. |
John has FSSEL. Carolyn's estate has shifting EI in FSA. |
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Jay conveys to Ellen and the heirs of her body. |
Ellen has fee tail. Jay has reversion in FSA. |
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I, Joan, convey my vacation home in the Catskills to my brother, James, for his life. |
James has life estate. Joan has reversion in FSA. |
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I want the Simpson farm to remain in my family for as long as possible. Since I have no children, I devise the farm to my sister, Janice, and the heirs of her body. |
Janice has fee tail. Testator's heirs have vested remainder in FSA. Testator is dead. |
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O conveys to D for life, then to M and her heirs while the well continues to provide water. |
D has life estate. M has vested remainder in FSD. O has possibility of reverter in FSA. |
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O conveys to A for life, then to B. |
A has life estate. B has vested remainder in FSA. O has nothing. |
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O conveys to A for life, then to B for life. |
A has life estate. B has vested remainder in life estate. O has reversion in FSA. |
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O conveys to Alice for life, then to Brad for life, then to Carley. |
Alice has life estate. Brad has vested remainder in life estate. Carley has vested remainder in FSA. O has nothing. |
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O conveys to A for life, then to B and his heirs, but if B dies leaving no surviving children, then to C and his heirs. |
A has life estate. B has vested remainder subject to divestment in FSA. C has shifting EI in FSA. O has nothing. |
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O conveys to B for life, then to D, but if D does not survive B, then to E. |
B has life estate. D has vested subject to divestment in FSA. E has shifting EI in FSA. O has nothing. |
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O conveys to B for life, then to D's children. At the time, D is alive and D has two living children named E and F. |
B has a life estate. E and F have vested subject to open in FSA. O has nothing. |
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O conveys to Alfonzo for life, then to the grandchildren of Alfonzo and their heirs. At the time, Alfonzo has 2 living children and 5 living grandchildren. |
Alfonzo has life estate. 5 living grandchildren have vested subject to open in FSA. |
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O conveys to B for life, then to the heirs of D. Assume D is alive. |
B has life estate. Heirs of D have contingent remainder in FSA. O retains reversion in FSA. |
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O conveys to B for life, then to D if D becomes president. |
B has life estate. D has contingent remainder in FSA. O retains reversion in FSA. |
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O conveys to Elvira for life, and if Abdul gets married before Elvira dies, to Abdul and his heirs. Abdul is unmarried at the time of the conveyance. |
Elvira has life estate. Abdul has contingent remainder in FSA. O retains reversion in FSA. |
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O conveys to Dexter for life, then if Jessica marries, to Jessica and her heirs. At the time of the conveyance, Jessica is not married. |
Dexter has life estate. Jessica has contingent remainder in FSA. O retains reversion in FSA. |
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O to A for life, then to B and her heirs if B graduates from law school. |
A has life estate. B has contingent remainder in FSA. O retains reversion in FSA. |
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O to A for life, then to B and her heirs if B graduates from law school.
A dies before B graduates from law school. |
A's life estate ends. O has reversion in FSA. B's contingent remainder is destroyed. |
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O to A for life, then to B and her heirs if B graduates from law school.
B graduates from law school before A dies. |
A has life estate. B has vested remainder in FSA. O's reversion is extinguished. |
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O to A for life, then to B and her heirs if she graduates from law school; but if she fails to graduate from law school, then to C and his heirs. |
A has life estate. B has contingent remainder in FSA. C has alternative contingent remainder in FSA. O retains reversion in FSA. |
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Two Merger Requirements |
1. Only applies to vested interests 2. Vested interests must be successive and held by same party (no intervening vested interests between) |
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O conveys to A for life, and then to B. |
A has life estate. B has vested remainder in FSA. O has nothing. |
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O devises to C, but if C ever drinks alcohol, then to D. |
C has FSSEL. D has shifting EI in FSA. O has nothing. |
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O conveys to D for six months. |
D has term of years. O has reversion in FSA. |
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O conveys to E for so long as the land is used as a library. |
E has FSD. O has possibility of reverter in FSA. |
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O conveys to F for life, then to G for life. |
F has life estate. G has vested remainder in life estate. O has reversion in FSA. |
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If the future interest following a life estate is in the grantee, what is it called? |
Remainder |
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If the future interest following a fee tail is in the grantee, what is it called? |
Remainder |
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How can you recognize a contingent remainder? |
Holder is unascertained OR it contains a condition precedent OR BOTH. |
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What two characteristics define an ascertained person? |
The person is born and identified. |
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O to A for life, then to B. |
A has life estate. B has vested remainder in FSA. O has nothing. |
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O to A and her heirs so long as A never uses illegal drugs. |
A has FSD. O has possibility of reverter in FSA. |
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O to A for life, but if an Interstate highway is built within 1 mile of the property, then to O. |
A has life estate subject to condition subsequent. O has reversion in FSA. |
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O to A and her heirs, but if A grazes cattle on the land, then to B and his heirs. |
A has FSSEL. B has shifting EI in FSA. O has nothing. |
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Travis conveys Blackacre to Mara and her heirs if Mara is married. Mara is not currently married. |
Travis has FSSEL. Mara has springing EI in FSA. |
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O to A for life, then to B and his heirs if B attends A's funeral. |
A has life estate. O has FSSEL. B has springing EI in FSA. |
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O to A for life, then to B and her heirs, but if B stops farming the land, then to C and her heirs. |
A has life estate. B has vested remainder in FSSEL. C has shifting EI in FSA. O has nothing. |
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O to A for life, then to B and her heirs, but if A stops farming the land, then to and her heirs. |
A has life estate. B has vested remainder subject to divestment in FSSEL. C has shifting EI in FSA. |
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O to A for life, then to B and his heirs, but if A stops farming the land, then O has the right to re-enter. |
A has life estate. B has vested remainder subject to divestment in FSSCS. O has right of entry in FSA. |
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O to B and his heirs, but if B sells alcohol on the land, then to C and her heirs. |
B has FSSEL. C has shifting EI in FSA. O has nothing. |
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O to A for life, then to B and his heirs, but if A sells alcohol on the land, then to C and her heirs. |
A has life estate. B has vested remainder subject to divestment in FSSEL. C has shifting EI in FSA. O has nothing. |
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O to A for life, then to B, but if B buys a foreign-made car, then to C. |
A has life estate. B has vested remainder subject to divestment in FSSEL. C has shifting EI in FSA. O has nothing. |
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O to A for life, then to B, but if B buys a foreign-made car, then to O. |
A has life estate. B has vested remainder subject to divestment in FSSCS. O has right of entry in FSA. |
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O to A for life, then to B and his heirs if he graduates from law school. |
A has life estate. B has contingent remainder in FSA. O has reversion in FSA. |
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O to A for life, then to B and his heirs, but if A graduates from medical school, then to C and her heirs. |
A has life estate. B has vested remainder subject to divestment in FSSEL. C has shifting EI in FSA. |
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O conveys to C for life, then to D and his heirs if D lives to the age of 30. |
C has life estate. D has contingent remainder in FSA. O retains reversion in FSA. |
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O conveys to E for life, then to F's children and their heirs. F is alive but has no children. |
E has life estate. F's (potential future) children have contingent remainder in FSA. O retains reversion in FSA. |
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O devises to G for life, then to H, but if H does not survive G, then to I. |
G has life estate. H has vested remainder subject to divestment in FSSEL. I has shifting EI in FSA. O has nothing (he's dead, too). |
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O conveys to J for life, then to K for life, then to L's children. L is alive and has one child, M. |
J has life estate. K has vested remainder in life estate. M has vested remainder subject to open in FSA. L's other potential future children have shifting EI in FSA. O has nothing. |
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O conveys to A 15 years from now. |
O has FSSEL. A has springing EI in FSA. |
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Stopped at Class 8, slide 26 |
Begin again at Class 8, Slide 27 |