Ambiguous Conveyances & Restrictions On Estates Terms

Question 1

Rule against perpetuities

Answer 1

Must not vest more than 21 years after creation of interest

Only applies to:

1. LE > remainders
   - contingent (if/who?)
   - vested/open (when does class close?)

does not apply to any future interests with grantor:
- FSD reverter
- LE reversion
- FSSCS right of entry

2. Fee simple subject to executory limitation > executory interests (whether taking possession actually occurs, when does it become an indefensibly vested remainder?)

Question 2

RAP method

Answer 2

1. Classify interests
2. Subject to RAP?
3. If yes, when will open class/executory interest/contingent remainder vest/ what has to occur for it to vest? When will be subject to open?
4. Is that event connected to a life in being at time interest was created?
5. If yes, will that interest vest within 21 years after end of their life?
   - if yes, RAP satisfied
   - if no, violates RAP, cross out bad interests

Question 3

RAP problem situations

Answer 3

1. Remote vesting “O to A so long as used for residential purposes, then to B”
2. Taker of interest is validating life
   - “to the first of A’s currently living children who passed the Bar” OK
   - “to the first of A’s children” not OK because A is the life in being and could vest to an unborn child
3. Afterborn people “O to A for life, then to the first child of A to reach 25” not OK
   - change to “first to reach 21”
   - but in will OK