Chapter 9 Flashcards
Give the state of title.
O to A for life, then to B and his heirs, then to C and his heirs.
A: possessory estate in life estate.
B: vested remainder in fee simple absolute.
C: nothing.
Give the state of title.
O to A for life, then to B’s heirs, then to C’s heirs.
A: possessory estate in life estate.
B’s heirs: contingent remainder in fee simple absolute.
C’s s heirs: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Give the state of title.
O to A and her heirs as long as the land is used for educational purposes.
A: possessory estate in fee simple determinable.
O: possibility of reverter in fee simple absolute.
Give the state of title.
O to A for 10 years, then to B, but if B has not graduated from law school, then to C.
A: possessory estate for a term of years.
B: vested remainder (subject to divestment) in fee simple subject to executory limitation.
C: shifting executory interest in fee simple absolute.
Give the state of title.
O to A and her heirs as long as the land is used for educational purposes, but if the land is not used for educational purposes, then to B and his heirs.
A: possessory estate in fee simple determinable.
B: shifting executory interest in fee simple absolute.
Give the state of title.
T (Testator) to A for 5 years, then to B, but if, after taking possession , B ever fails to place a red rose on T’s grave on T’s birthday, then to C.
A: possessory estate for a term of years.
B: vested remainder in fee simple subject to executory limitation.
C: shifting executory interest in fee simple absolute.
Give the state of title.
O to A and her heirs, but if she stops using the land for educational purposes, then to O.
A: possessory estate in fee simple subject to a condition subsequent.
O: right of entry in fee simple absolute.
Give the state of title.
O to A if she graduates from law school. (A has not yet graduated from law school.)
O: possessory estate in fee simple subject to an executory limitation.
A: springing executory interest in fee simple absolute.
Give the state of title.
O to A for life, then to B if B survives A, but if B does not survive A, to C’s children. (C has no child.)
A: possessory estate in life estate.
B: contingent remainder in fee simple absolute.
C’s children: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Give the state of title.
O to A for life, then to B if B survives A, but if B does not survive A, to C’s children. (C has a child named X.)
A: possessory estate in life estate.
B: contingent remainder in fee simple absolute.
X: contingent remainder in fee simple subject to open.
Give the state of title.
O to A for life, then to B, but if B ever allows A to be moved into a nursing home, then to C.
A: possessory estate in life estate.
B: vested remainder subject to divestment in fee simple subject to executory limitation.
C: shifting executory interest in fee simple absolute.
Give the state of title.
First conveyance: O to A for life, then to B and her heirs.
Second conveyance: A to C. Now classify the estates and interests.
C: possessory estate in life pur autre vie.
B: vested remainder in fee simple absolute.
Give the state of title.
O to A for life, then to the person who is then Dean of O’s law school.
A: possessory estate in life estate.
The Dean: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
Give the state of title.
O to A for life, then to B if B is then married to C. (B is married to C.)
A: possessory estate in life estate.
B: contingent remainder in fee simple absolute.
O: reversion in fee simple absolute.
[Notice that B’s current marriage to C is irrelevant. The condition relates to B’s marital status at the time of A’s death.]
Give the state of title.
O to A for life, then to B, but if B does not serve as the executor of A’s estate, then to C.
A: possessory estate in life estate.
B: vested remainder in fee simple subject to an executory limitation.
C: shifting executory interest in fee simple absolute.
[Notice that B’s interest has no condition described within it. At the moment of A’s death, we will not yet know whether B will serve as the executor of A’s estate, since an executor must be appointed by court action. Therefore, B’s remainder is vested but might be later lost if B declines to serve.]
