Chapter 14 Flashcards
Name the six RAP danger signs
1. When the condition is not personal to someone;
2. When there is an identified age or time period of more than 21 years;
3. When advance skips a generation;
4. When a conveyance requires that a holder survive someone who is merely described rather than named;
5. When an event would normally happen well within 21 years, but there is no guarantee that it will;
6. A stacked contingent interest.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for Life, then to A’s first child to reach age 30.
[A has two children: B (25) and C (28).]
According to the conveyance:
A: possessory estate in life estate.
A’s first child to reach 30: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
A’s first child to reach 30-invalid.
State of the title after RAP:
A: possessory estate in like the state.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for Life, then to A’s first child to reach age 30.
[A has two children: B (19) and C (18).]
According to the conveyance:
A: possessory estate in life estate.
A’s first child to reach 21: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
A’s first child to reach 21-valid.
State of the title after RAP:
Same.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for Life, then to B’s and her heirs if B reaches 25.
[B is now 5.]
According to the conveyance:
A: possessory estate in life estate.
B: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
B’s contingent remainder-valid.
State of the title after RAP:
Same.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to A’s first child for life, then to B’s first child if he or she survives A’s first child.
(At present A nor B has children.)
According to the conveyance:
A: possessory estate in life estate.
A’s first child: contingent remainder in life estate.
B’s first child: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
A’s first child-valid.
[Since there is no condition precedent, the interest to A’s first child will be vested at birth. A is a life in being, and A’s first child will be ascertained at least within 9 months of A’s death, long before 21 years have passed.]
B’s first child-invalid.
[B’s first child must meet a condition precedent, however. He or she must survive A’s first child. Since neither of the will be lives in being, we may not know within the Rule’s time limit which of them survives the other.]
State of the title after RAP:
A’s first child: contingent remainder in life estate.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to A’s first child if he survives A by 20 years.
(A has no children yet)
According to the conveyance:
A: possessory estate in life estate.
O: reversion in fee simple subject to an executory limitation.
A’s first child: springing executory interest in fee simple absolute.
Vulnerable interests:
A’s first child-valid.
[A is a life in being and any child of A’s will reach 20 within 21 years of A’s death.]
State of the title after RAP:
Same.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to A’s first grandchild and his or her heirs.
(A has six children and no grandchildren)
According to the conveyance:
A: possessory estate in life estate.
A’s first grandchild: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
A’s first grandchild-invalid.
State of the title after RAP:
A: possessory estate in life estate.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O devises to A for life, then to O’s first grandchild and his or her heirs.
According to the conveyance:
A: possessory estate in life estate.
O’s first grandchild: contingent remainder in fee simple absolute.
O’s estate: reversion in fee simple absolute.
Vulnerable interests:
O’s first grandchild-valid.
State of the title after RAP:
Same.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to B’s first child to graduate from law school and his or her heirs. (B has two children; and one of them is a 1L.)
According to the conveyance:
A: possessory estate in life estate.
B’s first child to graduate from law school: contingent remainder in fee simple absolute.
O’s estate: reversion in fee simple absolute.
Vulnerable interests:
B’s first child to graduate from law school-invalid.
State of the title after RAP:
A: possessory estate in life estate.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to the residuary beneficiary under A’s will for life, then to that person’s children who survive him or her.
According to the conveyance:
A: possessory estate in life estate.
Residuary beneficiary: contingent remainder in life estate.
Beneficiary’s surviving children: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
Residuary beneficiary-valid.
Beneficiary’s surviving children-invalid.
State of the title after RAP:
A: possessory estate in life estate.
Residuary beneficiary: contingent remainder in life estate.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to the residuary beneficiary under A’s will for life, then to that person’s children.
According to the conveyance:
A: possessory estate in life estate.
Residuary beneficiary: contingent remainder in life estate.
Beneficiary’s children: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
Residuary beneficiary-valid.
Beneficiary’s children-invalid.
State of the title after RAP:
A: possessory estate in life estate.
Residuary beneficiary: contingent remainder in life estate.
O: reversion in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A and her heirs as long as the land is used for educational purposes; and if it is not used for educational purposes, then to B and her heirs.
According to the conveyance:
A: possessory estate in fee simple determinable.
B: executory interest in fee simple absolute.
Vulnerable interests:
B’s executory interest-invalid.
State of the title after RAP:
A: possessory estate in fee simple determinable.
O: possibility of reverter in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O devises “to the next POTUS upon his or her swearing in.”
According to the conveyance:
A: possessory estate in fee simple subject to an executory limitation.
Next POTUS sworn in: springing executory interest in fee simple absolute.
Vulnerable interests:
Next POTUS-invalid.
State of the title after RAP:
O: possessory estate in fee simple absolute.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to B and her heirs, but if B ever sells liquor on the land, to C and her heirs.
According to the conveyance:
A: possessory estate in life estate.
B: vested remainder in fee simple subject to an executory limitation.
C: executory interest in fee simple absolute.
Vulnerable interests:
C’s executory interest-invalid.
State of the title after RAP:
Same.
(1) Give the state of title; (2) Identify all interests vulnerable to the RAP; (3) For each, state whether the interest is valid; and (4) Give the state of title if different after applying the Rule.
O to A for life, then to A’s children and their heirs. (a) Assume that A has no children. (b) Assume that A has on child X.
(a) According to the conveyance:
A: possessory estate in life estate.
A’s children: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Vulnerable interests:
A’s children-valid.
State of the title after RAP:
Same.
(b) According to the conveyance:
A: possessory estate in life estate.
X: vested remainder in fee simple (subject to open).
Vulnerable interests:
X’s remainder-valid.
State of the title after RAP:
Same.
