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20 Cards in this Set

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Cop Roadblock: Cops are pulling over cars and pulling out the suspect kids - C/Rs, EIs, and VRSTOs. They’re asked to get out of the car and prove that they vest or fail to vest w/in a year. If they prove that you will vest or fail to vest w/in the rule, then everything is ok.|||| Who is the PROPONENT? Who is teh OPPONENT?
• Kid in the car = Proponent • Cop = Opponent
O → A life, S life, then to such of S’ children as are alive at S’ death. |||| What does A, S, S's children and O have? |||| What steps do we use to Test S' Children b/c C/R ||||| What section does this fall under?
• A → L/E vested in possession • S → VRSTCD/IVR • S’ children → C/R • O → RVN ||||| Test S’ children b/c C/R. • When does the uncertainty disappear? → When S dies. • Valid interest under RAP? → Yes S’ life saves him. • If you want the interest to exist in unvested form for a very long time, you’d want to be just conceived, or in gestation. • How long would you like S to live? → 120 years |||| Interests that Satisfy RAP
O → A’s then living descendants 20 years hence |||| When does A's Springing EI vest? ||||| What section does this fall under?
• A’s Springing EI vests 20 years after creation, which isn’t too remote. RAP is satisfied. |||| Interests that Satisfy RAP
To A for life, REM to B if then living. |||| What does A, B and O have? |||| How can we test B's CR? |||| What section does this fall under?
• A → LE, vested in possession • B → C/R • O → RVN ||||| Test B’s CR. • When does B’s C/R vest or fail to vest? → When A dies. • Will that vesting or failing to vest take place within a life or lives in being? → Yes, A’s life. • So, it’s a valid interest. |||| Interests that Satisfy RAP
A life, REM to A’s then living children |||| What does A and A's then living children have? |||| How do we test the CR? |||| What section does this fall under?
• A → LE, present estate, vested in poss’n • A’s then living children → CR ||||| Test CR • Measuring life: A - CR vests when A dies; vesting occurs w/in the period of the rule. - CR is saved by a measuring life, the measuring life of A. |||| Interests that Satisfy RAP
Devise to all of my descendants who shall be born w/in 21 years after my death. |||| Is the interest in descendnats good and why? |||| What section does this fall under?
• Interest in descendants is good b/c the uncertainty disappears 21 years after the decedent-devisor’s death. |||| Interests that Satisfy RAP
To A for life, to A’s children for life, REM to Bhh |||| What does A, A's children and B have? |||| What section does this fall under?
• A → LE • A’s children → CR or VRSTO - Interest will vest or fail to vest when A dies. A is the measuring life. • B → IVR |||| Interests that Satisfy RAP
O → A life, S life, then to such of S’ children as reach 21 (A, O & S are alive.) ||||| What does A, S, S' children and O have? |||| How do we Test S' Children's Interest VRSTO, EI, or CR? ||||| What section does this fall under?
• A → Present Estate LE • S → VRSTCD or IVR in LE depending on which source you rely on (depending on which book you read). • S’ Children → VRSTO for any of the children who have reached 21. For children under 21 or unborn, it’s an EI. CR if no one has reached 21. • O → RVN if it’s a CR or Nothing if it’s a VRSTO. ||||| Test S’ Children’s Interest VRSTO, EI, or CR) • Within S’ life plus 21 years. Within a life in being plus 21 years. • S’ life saves the interest. - The interest vests when S’ children reach age 21, so S’ life or death saves the interest b/c all of S’ children must live to 21 w/in S’ life plus 21 years. - S’ life + 21 years is reasonable. Under RAP, we allow vesting to be postponed for a reasonable period of time. |||| Interests that Satisfy RAP
A life, REM to A’s then living children & their heirs |||| What does A, A's then living children and O have? ||||| How do we Test the CR? ||||| What section does this fall under?
• A → Present Estate LE • A’s then living children → CR (contingent on A’s children being then living when A dies.) • O → RVN ||||| Test CR • The interest vests when A dies b/c when A dies, who gets the REM will be then known – the uncertainty as to who owns Blackacre will be lifted. • If you are one of A’s children and Blackacre is the Transamerica building and you want to quit law school and live off the rents, when will you know whether you can quit law school and live the good life? → When A dies. |||| Interests that Satisfy RAP
To A life, REM to such of A’s children who reach 21 |||| What does A and A's children have? |||| How do we test CR? ||||| What section does this fall under?
• A → Present Estate LE, vested in possession • A’s Children → CR, if none have reached 21. But, if one has reached 21, then it’s a VRSTO. Whoever is under 21 or unborn has an EI. ||||| Test CR • All of A’s children will be alive, or in the womb and alive for RAP purposes, at A’s death. All will reach 21 or fail to reach 21 w/in 21 years thereafter. • When does the uncertainty lift? - No later than 21 years after A’s death. - A is our life in being. No, it’s not too remote b/c we have a life in being, A, and we have an extension of 21 years. • NOTE: If it said A’s children must reach 22 years, then it is no longer a good interest and will be destroyed. |||| Interests that Satisfy RAP
To Bhh, but if liquor is ever served to Chh |||| What does B, C and O have? ||||| How should we test C's Shifting EI? ||||| What section does this fall under?
• B → FSSEL • C → Shifting EI • O → Nothing ||||| Test C’s Shifting EI • No one knows when, if ever, liquor will be served on Blackacre. • Worst case scenario: C’ interest vests after the time allowed by RAP. • C’s interest is no good b/c its vesting might occur outside the allowable time period, so it’s destroyed. B’s interest then becomes a FSA. • After applying RAP: - B → FSA |||| Interests that Fail RAP Test
To Bhh so long as liquor is not served, then to Chh ||||| What does B, C and O have? ||||| How should we test the EI? ||||| What section does this fall under?
• B → FSD • C → Shifting EI • O → Nothing ||||| Test the EI: Again we don’t know when liquor will be served. It might be served tomorrow or past the time allowed by RAP, so it’s destroyed. • After applying RAP: - B → FSD - O → Implied POR |||| Interests that Fail RAP Test
O → A’s then living descendants 2000 years hence ||||| What does O and A's then living descendants have? |||| How should we Test springing EI? ||||| What section does this fall under?
• O – FSSEL, vested in poss’n • A’s then living descendants – Springing EI ||||| Test Springing EI • When does it vest? → 2000 years hence. • No life saves the interest. The death of no one will cause it to vest and the 21 year period doesn’t save it. So, it’s a vesting that’s too remote. • After Applying RAP: - O → FSA |||| Interests that Fail RAP Test
X conveys by deed to A for life, REM to the first child of A, whenever born, to become a member of the clergy. |||| If CRs are indestructible and there is no such child, what does A, 1st child of A and X have?
If CRs are indestructible and there is no such child. • A → LE, present estate, vested in poss’n • 1st child of A → CR • X → RVN ||||RAP Problem: CRs Destructible/Indestructible
X conveys by deed to A for life, REM to the first child of A, whenever born, to become a member of the clergy. |||| What are the three RAP test methods?
RAP Tests ||||| Method 1 (Scoping & Chatting): Uncertainty disappears whenever any child of A, whenever born, becomes a member of the clergy. • Unknown exactly when that is. It doesn’t occur w/in a life in being or w/in 21 years, so it doesn’t pass the test. ||||| Method 2 (Measuring lives?): Is there a life that saves the interest, or in other words, is there a death that will save the interest? There is no life whose death will save the interest; cannot be proven that the interest will vest or fail to vest w/in the period of the rule. • X – X’s death doesn’t cause a child of A to join the clergy. • A – A’s death doesn’t cause a child of A to join the clergy. • A’s children – Death of all A’s children does prevent the event from happening because more children can be born. ||||| Method 3 (Worse Case Analysis): Can we think of a situation where vesting might occur outside the period of the rule? → Yes we can and one possibility means that’s it. Case closed. The RAP is a worse case analysis system. • A could have a child after the conveyance. Everyone else in the world alive on the conveyance date could die. It could take more than 21 years for a child of A to become a member of the clergy (for the interest to vest). In other words, there’s no guarantee the uncertainty will disappear w/in the period of the rule. |||| RAP Problem: CRs Destructible/Indestructible
X conveys by deed to A for life, REM to the first child of A, whenever born, to become a member of the clergy. |||| If CRs are destructible and there is no such child, what does A, 1st child of A and X have?
If CRs are destructible and there is no such child. • When does the destruction take place if CRs are destructible? - At A’s death; when A dies. - Destruction of the REM occurs if there is not a child of A that joined the clergy when A dies. In other words, if there is no child that joined the clergy, then the interest would fail to vest. If CRs are destructible, then the CR is okay because it will vest or fail to vest w/in a life in being, A’s life. |||| RAP Problem: CRs Destructible/Indestructible
X conveys by deed to A for life, REM to the first child of A, whenever born, to become a member of the clergy. ||||| If CRs are destructible and there is a clergy-member child, what does A and the clergy-member child have? What do we not test in this situation?
If CRs are destructible and there is a clergy-member child. • A → LE • Clergy-member child → IVR • No need to test. We don’t test IVRs. |||| RAP Problem: CRs Destructible/Indestructible
T devises to Fido for life, REM to T’s then living grandchildren. |||| What does Fido have? What does T's grandchildren have?
FIDO=NOTHING. • T’s grandchildren – CR - Interest no good. Fido’s life doesn’t save it b/c it’s only human lives in being that serve as measuring lives, not dogs.
X conveys by deed to A for life, REM to the children of A for life, and upon the death of the last surviving child of A, to such of A’s grandchildren as may then be living. (CRs are indestructible and A is alive.) ||||| What does A, Children of A, Grandchildren of A then living and X have?
• A → LE, present estate, vested in poss’n • Children of A → CR or VRSTO • Grandchildren of A then living → CR • X → RVN
X conveys by deed to A for life, REM to the children of A for life, and upon the death of the last surviving child of A, to such of A’s grandchildren as may then be living. (CRs are indestructible and A is alive.) ||||| How do we Test interest in children of A and grandchildren of A then living?
Test interest in children of A and grandchildren of A then living. ||||| • Children of A’s interest - Interest will vest or fail to vest when A dies. Interest will either be vested in poss’n at the end of A’s life or will fail b/c A has no children. A’s life saves the interest. ||||| • Grandchildren of A then living - || Measuring lives? || \\ A – A’s death doesn’t eliminate the uncertainty. A’s death will not cause the vesting of the interest in the grandchildren. A’s death doesn’t stop grandchildren from being born so that the interest will fail to vest. \\ Children of A – This group of lives won’t work b/c it is not a closed class. \\ Grandchildren of A – This group of lives won’t work either b/c it’s not a closed class.\\ X – X is irrelevant. Killing X will not cause the vesting to occur.