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34 Cards in this Set
- Front
- Back
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A life, then to Bhh, but if B does not survive A, to Chh. |||| What does A have? |||| What does B have? |||| What does C have? |||| What does O have? ||||
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|||| What does A have? • A – present LE |||| What does B have? • B – VRSTCD |||| What does C have? • C – shifting EI |||| What does O have? • O – Nothing ||||
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O → A life, then to Bhh, but if B dies under 25 then O shall have a ROE. |||| What does A have? |||| What does B have? |||| What does O have?
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|||| What does A have? • A – present LE |||| What does B have? • B – VRSTCD |||| What does O have? • O – ROE
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To A for life and then B, I give you Blackacre, but if you don’t survive to 25, B, then I take it away from you and I give it to C. |||| What is the GRANT? |||| What is the CONDITION SUBSEQUENT?
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|||| What is the GRANT? - “To A for life and then B, I give you Blackacre” → the grant. |||| What is the CONDITION SUBSEQUENT? - “but if you don’t survive to 25, B, then I take it away from you and I give it to C.” → Condition subsequent.
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To A life, REM Bhh, but if B marries C, then to Dhh. |||| What is the purpose? |||| What does B have? |||| What does D have?
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|||| What is the purpose? • Purpose: To induce B not to marry C. |||| What does B have? • B has a VRSTCD in a FSA and |||| What does D have? D has a shiftng EI in a FSA. ||||| A Bhh (------------------(-------{-----------------∞ L/E Dhh (EI)
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To B life then to Chh, but if C does not marry during B’s life, then to Dhh. |||| Purpose? |||| What does B have? |||| What does C have? |||| Where is the Condition subsequent?
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|||| Purpose? • Purpose: To get C to marry during B’s life. |||| What does B have? • B has a life estate |||| What does C have? C has a VRSTCD not a contingent remainder b/c the condition is a condition subsequent.|||| Where is the Condition subsequent? - “but if C does not marry During B’s life” → Condition subsequent
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To A life, REM to B. |||| What does A have? |||| What does B have? |||| What condition must be satisfied before the interest becomes possessory? |||| When will B get possession?
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|||| What does A have? • A has a life estate |||| What does B have? and B has an IVR in a FSA. |||| What condition must be satisfied before the interest becomes possessory? • No condition must be satisfied before the interest becomes possessory. |||| When will B get possession? • B may not get possession, but someone will get to make that piece of the timeline possessory. - Remember the Empire State Building Hypo: “To A for 10 days, then to Bhh.” We agreed that interests in B would become possessory, there are no conditions.
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To A life, REM to Dhh |||| What does A have? |||| What does D have? |||| What happens if D dies? |||| Is this a vested remainder subject to complete defeasance?
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|||| What does A have? • A has a life estate |||| What does D have? D has an IVR in a FSA. |||| What happens if D dies? • Nothing happens. There’s no condition, so if D can will everything to his wife. |||| Is this a vested remainder subject to complete defeasance? • Not a vested remainder subject to complete defeasance, b/c there’s no conditional language.
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To A for life, REM to B, provided, however, if B dies under the age of 25, then to C. |||| What does A have? |||| What of B If B is under 25 and A is still alive? |||| What of B If B is over 25 or becomes 25 while A is alive? |||| What of B and C if A dies while B is under 25? |||| What of B if B has a FSSEl, when B becomes 25? |||| What of C if B has a FSSEL, and dies under the age of 25 while he is the owner? |||| What of C if B dies under the age of 25 while A is alive and in possession of his life estate, what does C have?
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|||| What does A have? • A has a life estate. |||| What of B If B is under 25 and A is still alive? • B has a vested remainder subject to complete defeasance in a FSA. |||| What of B If B is over 25 or becomes 25 while A is alive? • B has an IVR in FSA. |||| What of B and C if A dies while B is under 25? • B has a FSSEL. • C has an EI. |||| What of B if B has a FSSEl, when B becomes 25? • B’s FSSEL becomes a FSA. |||| What of C if B has a FSSEL, and dies under the age of 25 while he is the owner? • Blackacre goes to C. C has a FSA. The EI in C becomes a FSA in C. |||| What of C if B dies under the age of 25 while A is alive and in possession of his life estate, what does C have? • C has a FI, an indefeasibly vested remainder in a FSA.
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To A for life, and if B survives A, REM to Bhh.|||| What is this? |||| What does A have? |||| What does B have?
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|||| What is this? Grant that contains a Condition Precedent. |||| What does A have? • A – Present possessory LE |||| What does B have? • B – FI, C/R b/c the language of condition [single underline] precedes the grant [double underline]. - If the single underlined language was gone, it would be a REM to B in a FSA. - If the double underlined language was gone, it is just a life estate granted to A.
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To A life, _._REM to B_._, _if B has married C_. |||| Is this a condition subsequent? Why not?||||
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|||| Is this a condition subsequent? • The conditional language comes after the grant, but it isn’t a condition subsequent b/c there’s no pause after the grant - no comma, no “but if,” no “however,” etc. |||| Why not? • Grant [double underline] precedes the condition [single underline, but not a condition subsequent.||||
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O → A for life, then to Bhh if B survives A |||| What is this?
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A condition subsequent
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To A for life, REM to A’s then living children, and if none, to B’s then living children. |||| What is this? |||| What does A have? |||| What does A's then living children have? |||| What does B's then living children have? |||| What does O have?
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|||| What is this? Alternate or Alternative Contingent Remainders |||| What does A have? • A - present LE |||| What does A's then living children have? • A’s then living children – C/R b/c they’re unascertained and/or unborn. A’s not dead yet, so we don’t know who A’s then living children will be. |||| What does B's then living children have? • B’s then living children - Alternative C/R |||| What does O have? • O - RVN
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To A for life, then to Bhh _if B survives A_, and _._if B does not survive A to Chh_._. |||| What is the single and the double underline?
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• [single underline] condition precedent to B’s REM. • [double underline] condition precedent to C’s REM that is the opposite of B’s condition precedent.
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A life, _then if B survives_ A to Bhh, and if B does not survive A then to Chh. A life, then if B survives A to Bhh, otherwise to Chh. |||| What does A have? |||| What does B have? |||| What does C have? |||| What does O have?
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|||| What does A have? • A - present LE |||| What does B have? • B - C/R in a FSA b/c language of condition [underline] precedes the grant. Underlined language is the condition precedent. |||| What does C have? • C - Alternative C/R in a FSA b/c the language of the condition precedes the grant |||| What does O have? • O - technical RVN; technical b/c O will never take under the terms of this conveyance b/c when A dies, the remainder will go to either B or C. A C/R (B) A (----------- ∞ Life A C/R (C)
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A life, REM heirs of A (A is alive).|||| What is this? |||| What section is this under? ----In all the above examples, O has a RVN, b/c there’s no guarantee that A will have any heirs, no guarantees that A’s children will be alive, and no guarantee that there will be a UCD law school.
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|||| What is this? C/R b/c the taker is unascertained since A, a living person, has no heirs until A’s dead and the takers may also be unborn. |||| What section is this under? Beneficiary is Unborn or Unascertained
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To A, REM to oldest child of A alive at A’s death (A is alive). |||| What is this? |||| What section si this under?
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|||| What is this? C/R b/c the taker is unascertained until A dies and taker may also be unborn.|||| What section si this under? Beneficiary is Unborn or Unascertained ----In all the above examples, O has a RVN, b/c there’s no guarantee that A will have any heirs, no guarantees that A’s children will be alive, and no guarantee that there will be a UCD law school.
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A life, REM to the then Dean of the UCD Law School (A is alive). |||| What is this? |||| What section si this under?
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|||| What is this? C/R b/c taker is unascertained until A dies and perhaps unborn. |||| What section si this under? Beneficiary is Unborn or Unascertained ----In all the above examples, O has a RVN, b/c there’s no guarantee that A will have any heirs, no guarantees that A’s children will be alive, and no guarantee that there will be a UCD law school.
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To A life, then to Bhh if B is 25. |||| What does A have? |||| What does B have/ |||| What does O have? |||| What happened to B's C/R?
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|||| What does A have? • A – present LE |||| What does B have? • B – C/R |||| What does O have? • O – RVN |||| What happened to B's C/R? B cannot take seisin while B is under 25, and it couldn’t “spring out” of O when B becomes 25. So, B’s C/R is destroyed b/c someone must always be seised of Blackacre. If A died while B was under 25, seisin would snap back to O and B’s C/R would be destroyed.
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O → A life |||| What does A have? |||| What does O have? |||| IF O grants A the RVN, what happens to the LE and RVN?
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|||| What does A have? A has a LE |||| What does O have? O a RVN. |||| IF O grants A the RVN, what happens to the LE and RVN? If O grants A the RVN, then the LE and RVN merge to form a FSA.
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O → Thh, to the use of Ahh upon her marriage to H. • So if Albertina marries H, she gets Blackacre, if she doesn’t then it stays w/ O. • Who has LEGAL TITLE?[Uses: Evading No Springing/Shifting Interests Rule]
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- T has A legal FSA. - O has an equitable FSSEL - A has an equitable springing EI in A FSA
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O → Thh, to the use of Ahh, but if she doesn’t go to college next fall to the use of Xhh.|||| Who has the legal title? |||| Who has the equitable title? |||| How was common law satisfied? |||| How would the court of equity be involved here?
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|||| Who has the legal title? • T has the legal title. |||| Who has the equitable title? • A and X have the equitable title. - A has an equitable FSSEL. - X has an equitable shifting EI. |||| How was common law satisfied? • Common law was satisfied. Seisin was in T. When the law courts looked at the conveyance, they only saw T w/ a FSA; T was the feoffee to uses. |||| How would the court of equity be involved here? • If T, the feoffee to Blackacre, got any funny ideas, equity would enforce the use, i.e. A or A and X would go into equity and say, our feoffee to uses is using our property. They had to go to court of equity b/c they couldn’t go into law courts which only recognized T’s legal title of ownership of the property.
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O → Thh, for use of A life, REM Bhh |||| What did T, A and B have Pre and Post 1536 and diagrams||||
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Pre-1536 • T - Legal title in a FSA • A - equitable LE • B - equitable IVR in a FSA Law Equity T FSA A B EQ (-------------∞ (-------------(-------------------------∞ EQ L/E IVR in a FSA Post-1536 • Post-1536, the Statute of Uses “executed” the uses and seisin passed from T to A & B. - T → A → Eventually to B - Conveyance was read as To A life, REM to B A B (------------------(-----------------------------∞ Life IVR FSA
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O →Blackacre→ Bank as Trustee to collect rent and pay income to A life and to convey the REM to B |||| What does the bank, A and B have? |||| What topic is this question under?
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|||| What does the bank, A and B have? • Bank – Legal FSA • A – Equitable LE • B – Equitable IVR in FSA |||| What topic is this question under? Trusts
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O → Ahh so long as liquor is not served during A’s life, and if so served to Bhh.|||| What does A, B and O have? ||||
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- A - FSD - B - EI - O - Nothing
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O → To Ahh, provided however, if A dies w/o going to college to Bhh. |||| What does A, B and O have? |||| What if the EI failed? |||| If something happened to the EI w/ a FSD conveyance?
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|||| What does A, B and O have? • A - FSSEL • B - Shifting EI (shifting off of A’s interest) • O - Nothing |||| What if the EI failed? If the EI failed, then it would become a FSA. |||| If something happened to the EI w/ a FSD conveyance, then we give a POR to O. FSD O POR (------------( ∞
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O → Devise to Ahh upon her graduation from college (A is not a college grad) |||| What is the devise? |||| What do O's heirs and A have?
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|||| What is the devise? • Devise = Conveyance, a transfer of property by will. |||| What do O's heirs and A have? • O’s heirs - FSSEL. • A - springing EI (springing out of O’s heirs in a FSA)
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O → A life, then to Bhh, but if B dies before A to Chh (All are alive.) |||| What does A, B and C have?
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• A - LE • B - VRSTCD • C - shifting EI in a FSA.
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O → A life, REM to B when she is 21 |||| What does A, B and O have if: ||| (B is under 21) |||| A dies before B is 21? |||| But if statute says C/R are nto destructible and A dies when B is not yet 21 [or problem]?
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|||| What does A, B and O have if: ||| (B is under 21)? • A - LE • B - C/R • O - RVN |||| A dies before B is 21? • B has no FI; B’s C/R is destroyed. • O has a FSA. |||| But if statute says C/R are nto destructible and A dies when B is not yet 21 [or problem]? • O has a FSSEL • B has a springing EI OR • B has a C/R that acts as a springing EI.
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O → A life, and 1 day after A’s death to B if living (All are living) |||| What does A, B and O have?
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• A - LE • B - springing EI - Prevented the destruction, the premature termination of the interest in B b/c EIs weren’t indestructible. • O has a RVN
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To Ahh, provided however, at the end of 15 years to Bhh |||| What does A and B have? |||| Whats special about this problem?
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|||| What does A and B have? • A - FSSEL • B - shifting EI |||| Whats special about this problem? • EI always follows a FSSEL. • All EIs are by definition contingent, but there’s nothing contingent in this conveyance. It may look like a TFY, but that’s not the standard reading - Not a TFY and IVR in a FSA.
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O → To Bhh 20 years hence |||| What does O and B have?
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• O - FSSEL • B - Springing EI
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O → To Ahh so long as A remains a bachelor and if he marries, to Bhh |||| What does A and B have?
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• A - FSD • B – EI
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O → To A life, REM to the heirs of A & their heirs (A alive.) |||| What does A, Ahh and O have WITH and WITHOUT SHELLEY's CASE?
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• W/o Shelley’s Case - A - LE - Heirs of A – C/R in a FSA - O - technical RVN • W/ Shelley’s Case - Shelley’s Case changes “REM to the heirs of A” → “REM to Ahh” A – LE & A – IVR in a FSA merge so A → FSA.
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O → A life, REM to the heirs of O |||| What APPEARS to be there? |||| What is there if the DOCTRINE OF WORTHIER TITLE applies?
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|||| What APPEARS to be there? - A – LE - Heirs of O – REM in FSA - O – RVN |||| What is there if the DOCTRINE OF WORTHIER TITLE applies? - A - LE - O - RVN
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