Chapter 5

Question 1

If the future interest following a life estate is in the grantee, what is it called?

Answer 1

Remainder.

Question 2

If the future interest following a term of years is in the grantee, what is it called?

Answer 2

Remainder.

Question 3

If the future interest following a fee tail is in the grantee, what is it called?

Answer 3

Remainder.

Question 4

What is the name of the grantee’s future interest that “waits patiently” for the prior estate to “end naturally”?

Answer 4

Remainder.

Question 5

How can you recognize a contingent remainder?

Answer 5

Its holder is unascertained or it contains a condition precedent.

Question 6

What two characteristics define a vested remainder?

Answer 6

Its holder is ascertained and it has no condition precedent.

Question 7

What two characteristics define an ascertained person?

Answer 7

The person is born and identified.

Question 8

What is a condition precedent?

Answer 8

A condition that (a) is set out within the description of a particular estate and (b) must be satisfied before that estate can become possessory.

Question 9

What are “alternative contingent remainders”?

Answer 9

Contingent remainders are “alternative” when they each follow the same estate and when their conditions precedent are the opposite of each other, so that the vesting of one precludes the vesting of the other.

Question 10

Is a reversion deemed vested or contingent?

Answer 10

Vested.

Question 11

Is a right of entry deemed vested or contingent?

Answer 11

Vested.

Question 12

Is a possibility of reverter deemed vested or contingent?

Answer 12

Vested.

Question 13

To whom does a reversion belong?

Answer 13

The grantor.

Question 14

To whom does a remainder belong?

Answer 14

The grantee.

Question 15

Distinguish between a remainder and a reversion.

Answer 15

A remainder is a future interest created when a grantor conveys an inherently limited possessory estate and, in the same conveyance, conveys the future interest to a second grantee. A reversion is a future interest created when a grantor conveys an inherently limited possessory estate and retains the future interest.

Question 16

In column 2 on the chart, how do we decide whether to work above the line or below the line?

Answer 16

Look to see if the next estate is held by the grantor or a grantee. If it is held by the grantor, work above the line. If it is held by a grantee, work below the line.

Question 17

In column 3 on the chart, how do we decide whether to work above the line or below the line?

Answer 17

(a) By deciding whether to work above or below the line in column 2 and then following the arrow or (b) by observing whether the interest column 3 describes is in a grantor or in a grantee. If it is in the grantor, work above the line; if it is in a grantee, work below the line.

Question 18

*Underline the remainder, and state whether the holder is ascertained. *

O to A for life, then to B.

Answer 18

O to A for life, then to B. (Yes)

Question 19

*Underline the remainder, and state whether the holder is ascertained. *

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

Answer 19

O to A for life, then to A’s first child. (Yes)

Question 20

*Underline the remainder, and state whether the holder is ascertained. *

O to A for life, then to A’s heirs.

Answer 20

O to A for life, then to A’s heirs. (No)

Question 21

*Underline the remainder, and state whether the holder is ascertained. *

O to A for life, then to B and her heirs.

Answer 21

O to A for life, then to B and her heirs. (Yes)

Question 22

*Underline the remainder, and state whether the holder is ascertained. *

O to A for life, then to A’s widow.

Answer 22

O to A for life, then to A’s widow. (No)

Question 23

*Underline the remainder, and state whether the holder is ascertained. *

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

Answer 23

O to A for life, then to A’s first child. (No)

Question 24

*Underline the remainder, and state whether the holder is ascertained. *

O to A for life, then to this year’s first-yesr law students at State University Law School who pass the bar.

Answer 24

O to A for life, then to this year’s first-yesr law students at State University Law School who pass the bar. (No)

Question 25

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is subject to a condition precedent.

O to A for life, then to B if B has refrained from drinking alcoholic beverages for the five years prior to A’s death.

Answer 25

O to A for life, | then to B if B has refrained from drinking alcoholic beverages for the five years prior to A’s death. | (Yes)

Question 26

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is subject to a condition precedent.

O to A for life, then to B if B has reached 21. (At the time of the conveyance, B is 22.)

Answer 26

O to A for life, | then to B if B has reached 21. | (No)

Question 27

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is subject to a condition precedent.

O to A for life, then to B ; however, if B ever drills for oil on the land, then to C.

Answer 27

O to A for life, | then to B; | however, if B ever drills for oil on the land, then to C. (No)

Question 28

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is subject to a condition precedent.

O to A for life, then to B, on condition that B has passed the bar.

Answer 28

O to A for life, | then to B, | on condition that B has passed the bar. (No)

Question 29

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B, on condition that B has passed the bar. (B has been practicing law for 10 years.)

Answer 29

O to A for life, | then to B, | on condition that B has passed the bar. (Vested)

Question 30

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B, but if B uses the land for an insurance agency, then back to O.

Answer 30

O to A for life, | then to B, | but if B uses the land for an insurance agency, then back to O. (Vested)

Question 31

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B if B does not then own an insurance agency.

Answer 31

O to A for life, | then to B if B does not then own an insurance agency. | (Contingent)

Question 32

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B if B is then married.

Answer 32

O to A for life, | then to B if B is then married. | (Contingent)

Question 33

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B; however, if B divorces after a dies, then to O.

Answer 33

O to A for life, | t_hen to B_; | however, if B divorces after a dies, then to O. (Vested)

Question 34

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life. then to A’s surviving cousins.

Answer 34

O to A for life, | then to A’s surviving cousins. | (Contingent)

Question 35

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

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

Answer 35

O to A for life, | then to A’s children. | (Vested)

Question 36

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to the 2001 graduates of O’s law school.

Answer 36

O to A for life, | then to the 2001 graduates of O’s law school. | (Vested)

Question 37

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to A’s widow.

Answer 37

O to A for life, | then to A’s widow. | (Contingent)

Question 38

In the following conveyances, (1) draw vertical lines marking the beginning and the end of the description of the remainder, (2) underline the remainder, and (3) state whether the remainder is vested or contingent.

O to A for life, then to B’s heirs.

Answer 38

O to A for life, | then to B’s heirs. | (Contingent)

Question 39

Do A’s heirs have any property interest as a result of the conveyance? If so, what is it?

O to A for life, then to A’s heirs.

Question 40

Do A’s heirs have any property interest as a result of the conveyance? If so, what is it?

O to A and her heirs.

Question 41

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A for life, then to B.

Answer 41

A has a possessory estate in life estate, and B has a vested remainder in fee simple absolute.

Question 42

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A for life, then to O.

Answer 42

A has a possessory estate in life estate, and O has a reversion in fee simple absolute.

Question 43

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A and her heirs until B reaches 25. (B is 12.)

Answer 43

A has a possessory estate in fee simple determinable, and O has a possibility of reverter in fee simple absolute.

Question 44

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A and her heirs, but if A divorces, then to O.

Answer 44

A has a possessory estate in fee simple subject to a condition subsequent, and O has a right of entry in fee simple absolute.

Question 45

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A and her heirs so long as A never uses illegal drugs.

Answer 45

A has a possessory estate in fee simple determinable, and O has a possibility of reverter in fee simple absolute.

Question 46

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A and her heirs, but if B reaches 25, then to O. (B is 15.)

Answer 46

A has a possessory estate in fee simple subject to a condition subsequent, and O has a right of entry in fee simple absolute.

Question 47

*Give the state of the title. Decide whether to work above or below the line on the chart. *

Question 48

*Give the state of the title. Decide whether to work above or below the line on the chart. *

O to A for life until A divorces, then to O.

Answer 48

A has a possessory estate in life estate determinable, and O has a reversion in fee simple absolute.

_{[O actually has two interests: a reversion (because A’s estate is a life estate) and a possibility of reverter (because the life estate is also determinable). We call O’s interest the larger of these two: a reversion.]}

Question 49

In which of this conveyance is B’s remainder vested and in which B’s remainder is contingent?

O to A for life, then to B, but if B has not graduated from college, then to C.

O to A for life, then to B if B has graduated from college, but if not, then to C.

Answer 49

O to A for life, then to B, but if B has not graduated from college, then to C. (Vested)

O to A for life, then to B if B has graduated from college, but if not, then to C. (Contingent)

Question 50

Has O retained an interest in the conveyance?

O to A for life, then to B, on the condition that B has passed the bar.

Answer 50

Yes.

Question 51

Has O retained an interest in the conveyance?

O to A for life, then to B.

Answer 51

No.

Question 52

Has O retained an interest in the conveyance?

O to A for life, then to B if B does not own an insurance agency.

Answer 52

Yes.

Question 53

Has O retained an interest in the conveyance?

O to A for life, then to B if B has married. (B is presently married.)

Answer 53

No.

Question 54

Has O retained an interest in the conveyance?

O to A for life, then to B; however, if B divorces, B’s estate ends.

Answer 54

Yes.

Question 55

Has O retained an interest in the conveyance?

O to A for life, then to A’s surviving cousins. (A has two cousins.)

Answer 55

Yes.

Question 56

Has O retained an interest in the conveyance?

O to A for 10 years, then to B for 10 years.

Answer 56

Yes.

Question 57

Has O retained an interest in the conveyance?

O to A and the heirs of her body, then to B

Answer 57

No.

Question 58

State whether - after the factual development described - the remainder is vested or contingent.

“O to A for life, then to B’s oldest child who survives B.” Then B dies with two children living.

Answer 58

Vested.

Question 59

State whether - after the factual development described - the remainder is vested or contingent.

“O to A for life, then to A’s oldest surviving child who has attained the age of 21.” Then A’s oldest child attains the age of 21.

Answer 59

Contingent (A condition precedent remains: The child must survive A.)

Question 60

State whether - after the factual development described - the remainder is vested or contingent.

“O to A for life, then to B if B marries.” Then B gets married. Subsequently B divorces.

Answer 60

Vested (The condition precedent was satisfied when B married.)

Question 61

State whether - after the factual development described - the remainder is vested or contingent.

“O to A for life, then is B has died childless, to whoever is the Dean of State University Law School at the time of A’s death.” Then B dies childless.

Answer 61

Contingent.