Conveyance Practice

Question 1

O grants Blackacre “to A for life.” (Barros)

Answer 1

A has a life estate. O has a reversion in fee simple absolute. (1052)

Question 2

O grants Blackacre “to the School Board so long as used for school purposes.” (Barros)

Answer 2

The School Board has a fee simple determinable. O has a possibility of reverter in fee simple absolute. (1052)

Question 3

O grants Blackacre “to A for life, then to B.” A year later, B conveys her interest to O. (Barros)

Answer 3

A has a life estate. O has a vested remainder in fee simple absolute. The conveyance created a vested remainder in fee simple absolute in B. B then conveyed that interest to O. The remainder keeps its name even though it is now held by the grantor. (1052)

Question 4

O grants Blackacre “to A for 20 years.” (Barros)

Answer 4

A has a term of years. O has a reversion in fee simple absolute. (1052)

Question 5

O grants Blackacre “to A for life, then to B if B survives A.” (Barros)

Answer 5

A has a life estate. B has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. (1052)

Question 6

O grants Blackacre “to A and A’s heirs.” (Barros)

Answer 6

A owns Blackacre in fee simple absolute. (1053)

Question 7

O grants Blackacre “to A and the heirs of A’s body.” (Barros)

Answer 7

Under the most common modern approach, A would own Blackacre in fee simple absolute. At traditional common law, A would own Blackacre in fee tail, and O would have a reversion. (1053)

Question 8

O grants Blackacre “to the School Board so long as used for school purposes, then to the State University.” (Barros)

Answer 8

The School Board has a fee simple subject to executory limitation. The State University has an executory interest in fee simple absolute. (1053)

Question 9

O grants Blackacre “to A for life, then to A’s children.” A is alive and has no children. (Barros)

Answer 9

A has a life estate. A’s children have a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. The remainder is contingent because it is in an unascertained person. (1053)

Question 10

O grants Blackacre “to A for life, then to A’s children.” A is alive and one child, B. (Barros)

Answer 10

A has a life estate. B has a vested remainder in an open class in fee simple. (1053)

Question 11

O grants Blackacre “to A for life, then to B, but if B ever is convicted of drunk driving, then to C.” (Barros)

Answer 11

A has a life estate. B has a vested remainder subject to divestment in fee simple absolute. C has an executory interest that may divest B’s vested remainder in fee simple absolute. (1053)

Question 12

O grants Blackacre “to the School Board, but if the property is no longer used for school purposes, then O may re-enter and retake the property.” (Barros)

Answer 12

The School Board has a fee simple subject to condition subsequent. O has a right of entry in fee simple absolute. (1053)

Question 13

O grants Blackacre “to A for life, then to B if B survives A, and if B does not survive A, then to C.” (Barros)

Answer 13

A has a life estate. B has an alternative contingent remainder in fee simple absolute. C has an alternative contingent remainder in fee simple absolute. (1053)

Question 14

O grants Blackacre “to A for life, then to B for life, then to A’s children.” A and B are alive, and A has no children. (Barros)

Answer 14

A has a life estate. B has a vested remainder in life estate. A’s children have a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. As in problem 9, the remainder is contingent because it is in an unascertained person. (1053)

Question 15

O grants Blackacre “to A for life, then to B for life, then to A’s children.” A and B are alive, and A has one child, C. (Barros)

Answer 15

A has a life estate. B has a vested remainder in life estate. C has a vested remainder in an open class in fee simple absolute. (1053)

Question 16

O grants Blackacre “to A for life, then to the School Board so long as used for school purposes.” (Barros)

Answer 16

A has a life estate. The School Board has a vested remainder in fee simple determinable. O has a possibility of reverter in fee simple absolute. (1053)

Question 17

O grants Blackacre “to A for life, then to the School Board so long as used for school purposes.” A has died. (Barros)

Answer 17

The School Board has a fee simple determinable. O has a possibility of reverter in fee simple absolute. (1053)

Question 18

O grants Blackacre “to A for life, then to the School Board so long as used for school purposes.” A has died and the school board is no longer using it for school purposes. (Barros)

Answer 18

O owns Blackacre in fee simple absolute. (1053)

Question 19

O grants Blackacre “to A for life, then to A’s children who survive A and their heirs, but if A dies without being survived by children, then to B’s children and their heirs.” A and B are alive, and B has one child, C. (Barros)

Answer 19

A has a life estate. A’s children have an alternative contingent remainder in fee simple absolute. C has an alternative contingent remainder in fee simple absolute. The remainder in A’s children is contingent both because it is in an unascertained person and because it is subject to a condition precedent. (1053)

Question 20

O grants Blackacre “to A for life, then to A’s children who survive A and their heirs, but if A dies without being survived by children, then to B’s children and their heirs.” A and B are alive, and B has one child, C. A also has one child, D. (Barros)

Answer 20

Basically the same answer as 19. A has a life estate. D has an alternative contingent remainder in fee simple. C has an alternative contingent remainder in fee simple. Even though we now have an ascertained person for the remainder in A’s children, it is still subject to a condition precedent. (1053)

Question 21

O grants Blackacre “to A for life, then to A’s children who survive A and their heirs, but if A dies without being survived by children, then to B’s children and their heirs.” B is alive, and B has one child, C. A dies, survived by B, C, and child D. (Barros)

Answer 21

D owns Blackacre in fee simple absolute. (1053)

Question 22

O grants Blackacre “to A for life, then to B for life, then to C so long as C survives both A and B.” (Barros)

Answer 22

A has a life estate. B has a vested remainder in life estate. C has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. (1053)

Question 23

O grants Blackacre “to A for life, then to B for life, then to C so long as C survives both A and B.” B has died. A and C are both alive. (Barros)

Answer 23

A has a life estate. C has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Because B died before A, B’s life estate has disappeared. (1053)

Question 24

O grants Blackacre “to A for life, then to B for life, then to C so long as C survives both A and B.” B and C have died. A is alive. (Barros)

Answer 24

A has a life estate. O has a reversion in fee simple absolute. (1054)

Question 25

O conveys Blackacre “to A for life, then to A’s children and their heirs who reach the age of 21, but if any of A’s children are arrested for drug possession prior to the age of 21, then Blackacre shall go to B and her heirs.” A’s only child C, is 17 and is a fine, upstanding young man. (Barros)

Answer 25

A has a life estate. C has a contingent remainder in fee simple absolute. B has a contingent remainder in fee simple, though not one that is alternative to C’s—the contingencies are different. O has a reversion in fee simple absolute. (1054)

Question 26

O conveys Blackacre “to A for life, then to A’s children, but if C passes the Bar Exam, then to C.” A is alive and has one child, B. (Barros)

Answer 26

A has a life estate. B has a vested remainder in an open class subject to divestment in fee simple absolute. C has an executory interest in fee simple absolute. (1054)

Question 27

O conveys Blackacre “to A for life, then to A’s children, but if C passes the Bar Exam, then to C.” A has just died and has two children, B and D. B and C are alive. C has not yet attended law school. (Barros)

Answer 27

B and D have a fee simple subject to executory limitation in common. C has an executory interest in fee simple absolute. (1054)

Question 28

O conveys Blackacre “to A for life, then to A’s children, but if C passes the Bar Exam, then to C.” A has just died and has two children, B and D. B and C are alive. C just died never having attended law school. (Barros)

Answer 28

B and D own Blackacre in common in fee simple absolute. (1054)

Question 29

O conveys Blackacre “to A for life, then to B for life if B survives A.” (Barros)

Answer 29

A has a life estate. B has a contingent remainder in life estate. O has a reversion in fee simple absolute. (1054)

Question 30

O conveys Blackacre “to A for life, then to B for life if B survives A.” A has sold her life estate to C. A and B are alive. (Barros)

Answer 30

C has a life estate measured by A’s life (also known as a life estate per autre vie). B has a contingent remainder in life estate. O has a reversion in fee simple absolute. (1054)

Question 31

O conveys Blackacre “to A for life so long as A is a member of the First Baptist Church, then at A’s death to B.” (Barros)

Answer 31

A has a defeasible life estate. B has a vested remainder in fee simple absolute. O has a possibility of reverter in life estate. If A leaves the church, then O’s possibility of reverter will automatically transfer the life estate back to O; on A’s death, the life estate will expire (regardless of whether A still has it or whether it has reverted back to O), and B will own Blackacre in fee simple absolute. Note that B’s interest is a remainder, and not an executory interest, because it follows the natural end of the preceding life estate. (1054)

Question 32

O conveys Blackacre “to A for life, then to A’s children and their heirs, but if A dies without surviving children, then to C.” A is alive and has one child, B. (Barros)

Answer 32

A has a life estate. B has a vested remainder in an open class subject to divestment in fee simple absolute. C has an executory interest in fee simple absolute. (1054)

Question 33

O conveys Blackacre “to A for life, then to A’s children and their heirs, but if A dies without surviving children, then to C.” A is alive and has one child, B. B died leaving all of his property to D. A is alive but has no other children. (Barros)

Answer 33

A has a life estate. D has a vested remainder in an open class subject to divestment in fee simple absolute. C has an executory interest in fee simple absolute. D has just stepped into B’s shoes. If A dies without having more children, C’s executory interest will divest D’s interest. If A has another child and that child survives A, then D’s interest will become possessory. (1054)

Question 34

O conveys Blackacre “to A for life, then to A’s children who survive A, and if A has no surviving children, then to C.” A is alive and has one child, B. (Barros)

Answer 34

A has a life estate. B has an alternative contingent remainder in fee simple absolute. (If you said that B’s contingent remainder was also in an open class, you would be conceptually correct, but by convention we do not use “in an open class” to describe a contingent remainder). C has an alternative contingent remainder in fee simple absolute. (1054)

Question 35

O conveys Blackacre “to A for life, then to A’s children who survive A, but if A dies without surviving issue, then to C.” A is alive and has one child, B. (Barros)

Answer 35

A has a life estate. B has a contingent remainder in fee simple absolute. C has a contingent remainder in fee simple absolute. O has a reversion in fee simple absolute. Note that the contingent remainders are not alternative—children and issue are different categories. A could die with no surviving children but a surviving grandchild. In this case, the property would revert back to O. (1054)