Chapter 7 Flashcards
What does it mean to say that a vested remainder is subject to divestment?
A vested remainder is subject to divestment if the divesting condition could happen before the remainder becomes possessory.
What does it mean to say that a remainder is “subject to open”?
A remainder is “subject to open” if it is given to a class that could expand.
What does it mean to say that a remainder given to a class is “closed”?
A remainder given to a class is “closed” if no additional members can be added to the class.
State whether B’s remainder is (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory.
O to A for life, then to B, but if B ever owns an insurance company, then to O.
Vested subject to divestment
State whether B’s remainder is (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory.
O to A for 10 years, then to B for life if B has never owned a tavern, then to C.
Contingent
State whether B’s remainder is (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory.
O to A for 2 years, then to B, but if B ever uses the land for an insurance agency, then to C.
Vested and not subject to divestment before becoming possessory
State whether B’s remainder is (1) contingent, (2) vested subject to divestment before becoming possessory, or (3) vested and not subject to divestment before becoming possessory.
O to A for life, then to B, but if the city ever annexes the land, then to C.
Vested subject to divestment (assuming that the condition is meant to limit A’s life estate too)
State whether the remainder is given to a class is subject to open or closed.
O to A for life, then to A’s children. (A has one child, B.)
Subject to open
State whether the remainder is given to a class is subject to open or closed.
Conveyance in a testator’s will: T (testator) to A for life, then to T’s children. (T has one child B)
Closed (T is dead and can have no more children.)
State whether the remainder is given to a class is subject to open or closed.
O to A for life, then to B’s children. (B has 3 children)
Closed
State whether the remainder is given to a class is subject to open or closed.
O to A for life , then to B’s children. (B persently has 3 children)
Subject to open
What is the state of the title?
O to A for life, then to B for life, then to C and her heirs; however if C ever uses the land for a rental, then to O.
A: possessory estate in life estate
B: vested remainder in life estate
C: vested remainder in fee simple subject to a condition subsequent
O: right of entry in fee simple absolute
What is the state of the title?
O to A for 10 years, then to B and her heirs, but if B divorces, then to C after A’s estate has ended and until C ceases to live on the property, then to D.
A: possessory estate for a term of years
B: vested remainder subject to divestment in fee simple subject to executory limitation
C: executory interest in fee simple determinable
D: executory interest in fee simple absolute
What is the state of the title?
O to A for life, then to B and his heirs while B is using the property for a law office, then to C; however, if C does not marry by age 35, then C’s estate ends.
A: possessory estate in life estate
B: vested remainder in fee simple determinable
C: executory interest in fee simple subject to a condition subsequent
O: right of entry in fee simple absolute
What is the state of the title?
O to A for life, then to B if B survives A, but if B does not survive A, then to D.
A: possessory estate in life estate
B: contingent remainder in fee simple absolute
C: contingent remainder in fee simple absolute
D: contingent remainder in fee simple absolute
