Chapter 15

Question 1

Apply original common law rule. For each interest that is vulnerable to the RAP, state whether the interest is void or valid.

O to A for 10 years, then to the first of A’s children to join a law enforcement agency. (At present, A has no children.)

Answer 1

The remainder to A’s first child to join law enforcement is saved by the destructibility doctrine because the condition precedent will fail if not met by the time the prior possessory estate ends. Without the destructibility doctrine, the remainder violates the RAP.

Question 2

Apply original common law rule. For each interest that is vulnerable to the RAP, state whether the interest is void or valid.

O to A, but if the land is ever not farmed, then to Habitat for Humanity.

Answer 2

The executory interest to Habitat is void under the RAP because the condition (not farming the land) could occur at any time in the future.

Question 3

Apply original common law rule. For each interest that is vulnerable to the RAP, state whether the interest is void or valid.

O to Food for the World, but if the land is ever not farmed, then to Habitat for Humanity.

Answer 3

The executory interest to Habitat is valid because of the charitable exemption to the RAP.

Question 4

Apply original common law rule. For each interest that is vulnerable to the RAP, state whether the interest is void or valid.

O to A for life, then to B’s first grandchild. (At present, B has two children and no grandchildren.)

Answer 4

The remainder to B’s grandchild is saved by the DD, if applicable. Otherwise, the remainder violates the RAP because B might have an afterborn child, who might have B’s first grandchild but not until the RAP time period.

Question 5

Apply original common law rule. For each interest that is vulnerable to the RAP, state whether the interest is void or valid.

O to A for life, then to the first of A’s children to graduate law school, but if no child has graduated from law school within 21 years of death of B, then to C.

_{[At the time of conveyance, A has one child, B, who is 12.]}

Answer 5

The vulnerable interests are valid because of the saving clause.

Question 6

Identify the interests vulnerable to the Rule and apply the Uniform Statutory RAP. Decide whether the vulnerable interest can be determined to be valid at the time of the conveyance and, if not, whether it later becomes valid or void.

O to A for life, then to A’s first child to reach 30.

_{[A has two children: B (25) and C (28). C dies 6 mos later. B lives 10 more years.]}

Answer 6

Vulnerable interest:

The interest of A’s first child to reach 30 would be invalid under the common law rule. Under USRAP, however, it is valid.

Question 7

Identify the interests vulnerable to the Rule and apply the Uniform Statutory RAP. Decide whether the vulnerable interest can be determined to be valid at the time of the conveyance and, if not, whether it later becomes valid or void.

O to A for life, then to A’s first child to reach 30.

_{[A has two children: B (25) and C (28). Both B and C die 6 mos later. One year after B and C die, A has a third child, D. A dies one year after D is born. D lives to be 40.]}

Answer 7

Vulnerable interest:

The interest of A’s first child to reach 30 would be invalid under the common law rule. Under USRAP, however, it is valid.

Question 8

Identify the interests vulnerable to the Rule and apply the Uniform Statutory RAP. Decide whether the vulnerable interest can be determined to be valid at the time of the conveyance and, if not, whether it later becomes valid or void.

O to A for life, then to A’s grandchildren.

_{[A has two children, ages 5 and 10, and no grandchildren. Twenty years pass, and then A has three grandchildren within the next 5 years. When A’s children are 50 and 55, A dies. Ten years later, the oldest of A’s children dies. Five years after that, the youngest dies.]}

Answer 8

Vulnerable interest:

The interest of A’s grandchildren would be invalid under the common law rule. Under USRAP, however, it is valid.