Estates

Question 1

O to A so long as the premises are used for school purposes.
SOT?

Answer 1

A has a Fee Simple Determinable
O has a possibility of reverter in FSA

Question 2

O to A, provided that the premises are always used for school purposes.
SOT?

Answer 2

A has a Fee Simple Subject to Condition Subsequent
O has a right of entry in FSA

Question 3

O to A so long as the property is always used as a farm.
SOT?

Answer 3

A has a Fee Simple Determinable
O has a possibility of reverter in FSA

Question 4

O to A, provided that the property is always used as a farm.
SOT?

Answer 4

A has a Fee Simple Subject to Condition Subsequent
O has a right of entry in FSA

Question 5

O to A for life until A gets married.
SOT?

Answer 5

A has a life estate determinable
O has a reversion in FSA

Question 6

O to A, but if A ever farms the land, then immediately to B and his heirs.
SOT?

Answer 6

A has a Fee Simple Subject to Executory Limitation.
B has an Executory Interest in FSA.

Question 7

O to A, provided, however, that alcohol must never be served on the property.
SOT?

Answer 7

A has a Fee Simple Subject to Condition Subsequent
O has a right of entry in FSA

Question 8

O to A, but if alcohol is ever served on the property, then immediately to B for life.

Answer 8

A has a Fee Simple Subject to Executory Limitation
B has an Executory Interest in a Life Estate
O has a reversion in FSA

Question 9

O to A unless A does not maintain the family cemetery on the property; otherwise, then to B.
SOT?

Answer 9

A has a Fee Simple Subject to Executory Limitation
B has an Executory interest in FSA

Question 10

O to A unless the family cemetery on the property is not maintained anymore, otherwise then to O.
SOT?

Answer 10

A has a Fee Simple Determinable
O has a Possibility of Reverter in FSA

Question 11

O to A while she maintains a golden retriever rescue operation on the land.
SOT?

Answer 11

A has a Fee Simple Determinable
O has a Possibility of Reverter in FSA

Question 12

O to A, provided that she always operates a golden retriever rescue operation on the land.
SOT?

Answer 12

A has a Fee Simple Subject to Condition Subsequent
O has a Right of Entry in FSA

Question 13

O to A, but if she ever stops operating a golden retriever operation on the land, then to B and her heirs.
SOT?

Answer 13

A has a Fee Simple Subject to Executory Limitation
B has an Executory Interest on FSA

Question 14

O conveys “to A for life, then to B and the heirs of her body.” Reversion?

Answer 14

Under old common law?
If B dies with no ISSUE, it reverts to O.
A: LE
B: VRFT
O: Rev FSA
Under modern law?
In states with not FT, no, because it is treated like a FSA.
In a state that recognizes FT:
If B dies with no ISSUE, it escheats. No reversion.

Question 15

O conveys “to A for 20 years.”

Answer 15

A: TOY (term of years) for 20 years
O: Rev in FSA

Question 16

O conveys Blackacre “to A for life, then to B for life.” O subsequently dies with a will devising all of O’s property to C. Then A dies and B dies. Who owns Blackacre?

Answer 16

A has a Life Estate
B has a Vested Remainder in Life Estate
O has a reversion in FSA
O dies
Reversion goes to C
A dies, and B dies
C owns blackacre.

Question 17

An indefeasibly vested remainder:
1.
2.

Answer 17

1. Is certain to become possessory in the future.
2. Cannot be divested.

Question 18

O to A for life, then to B and his heirs. SOT?

Answer 18

A has a Life Estate
B has a Vested Remainder in FSA

Question 19

A Vested Remainder Subject to Divestment:
1.
2.

Answer 19

1. is not certain to become possessory.
2. might be divested as a future interest.

Question 20

O to A for life, then to B and her heirs, but if B does not survive A, then to C and his heirs. SOT?

Answer 20

A has a Life Estate
B has a Vested Remainder Subject to Divestment in FSA
C has an Executory Interest in FSA

Question 21

A Vested Remainder Subject to Open/Partial Divestment is:

Answer 21

given to a class described but not named

Question 22

O to A for life, then to A’s children and their heirs. A has one child, A1. SOT?

Answer 22

A has a Life Estate.
A1 has a Vested Remainder Subject to Open/Partial Divestment

Question 23

O to A for life, then to A’s children and their heirs. A had no children at the time of grant.

Answer 23

A has a life estate.
“A’s Children” have a Contingent Remainder in FSA.
O has a reversion in FSA

Question 24

A contingent remainder is contingent for one of two reasons:

Answer 24

1. It is given to an unascertained person; OR
2. It is made contingent on some event occurring other than the natural termination of the prior estate.

Question 25

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

Answer 25

A has a Life Estate. B has a Contingent Remainder in FSA. O has a reversion in FSA.

Question 26

O to A for life, then to the heirs of B. B is alive.

Answer 26

A has a Life Estate. "B's Heirs" have a Contingent Remainder in FSA. (B is alive, and heirs are determined at death, so B's heirs are unascertained) O has a reversion in FSA.

Question 27

O to A for life, then to B and her heirs if B graduates from law school. Part 2: 2 years after the conveyance, while A is still alive, B graduates from law school.

Answer 27

A has a Life Estate. B has a contingent remainder in FSA. O has a Reversion in FSA. Part 2: A has a Life Estate. B has a Vested Remainder in FSA.

Question 28

O conveys “to A for life, and in the event of A’s death to B and her heirs.” Is B’s remainder vested or contingent? If B subsequently conveys her interest back to O, what does O have?

Answer 28

A has a Life Estate. B has a Vested Remainder in FSA. O will then have a Vested Remainder in FSA.

Question 29

O conveys “to A for life, then to B for life, then to C and her heirs.” What interests are created? Suppose the remainder to C had been “then to C and her heirs if C survives A and B.” What interests are created?

Answer 29

A has a Life Estate. B has a Vested Remainder in Life Estate. C has a Vested Remainder in FSA. Then C would have a contingent remainder in FSA. O would have a Reversion in FSA.

Question 30

O conveys “to A and B for their joint lives, then to the survivor in fee simple.” Is the remainder vested or contingent?

Answer 30

A and B have a Life Estate. "Survivor" has a Contingent Remainder in FSA. O has a Reversion in FSA.

Question 31

O conveys “to A for life, then to A’s children who shall reach 21.” A’s oldest child, B, is 17. Is the remainder vested or contingent? B subsequently reaches 21. Is the remainder vested or contingent?

Answer 31

A has a Life Estate. "A's Children who shall reach 21" have a contingent remainder in FSA. O has a Reversion. Then B has a Vested Remainder Subject to Open/Partial Divestment in FSA.

Question 32

O conveys “to A for life, then to A’s children and their heirs, but if at A’s death he is not survived by any children, then to B and her heirs.” At the time of the conveyance, A is alive and has no children. What is the state of the title? Part 2: Two years after the conveyance, twins, C and D, are born to A. What is the state of the title? Part 3: Suppose that C dies during A’s lifetime, and that A is survived by B and D. What is the state of the title?

Answer 32

A has a Life Estate. "A's Children" have a Contingent Remainder in FSA. B has a Contingent Remainder in FSA. (not EI since EI can only divest a vested interest). O has a Reversion in FSA. Part 2: A: Life Estate C and D: VRSO in FSA B: Executory interest in FSA Part 3: C’s Heirs + D: FSA

Question 33

O conveys “to A for life, then to such of A’s children as survive him, but if none of A’s children survives him, to B and her heirs.” At the time of the conveyance, A is alive and has two children, C and D. What is the state of the title?

Answer 33

A has a Life Estate. C and D have a Contingent Remainder in FSA. B has a Contingent Remainder in FSA. O has a Reversion in FSA.

Question 34

O conveys “to A for life, then to B and her heirs, but if A is survived at his death by any children, then to such surviving children and their heirs.” At the time of the conveyance, A is alive and has two children, C and D. What is the state of the title?

Answer 34

A has a Life Estate. B has a Vested Remainder Subject to Divestment in FSA. "A's Children" have a Shifting Executory Interest in FSA.

Question 35

O to A for life, then to B, but if B ever stops farming, then to C.

Answer 35

A has a Life Estate. B has a Vested Remainder in FSSEL. C has an Executory Interest in FSA.

Question 36

O to A for life, then to B and her heirs if B graduates from law school. Part 2: 2 years after the conveyance while A is still alive, B graduates from law school.

Answer 36

A has a Life Estate. B has a Contingent Remainder in FSA. O has a Reversion in FSA. Part 2: A has a Life Estate. B has a Vested Remainder in FSA.

Question 37

1. Shifting executory interest cuts short _________ 2. Springing executory interest cuts short _________

Answer 37

1. another grantee 2. grantor

Question 38

O to A so long as A never builds a factory on the property, otherwise then to B.

Answer 38

A has a FSSEL. B has a Shifting Executory Interest in FSA.

Question 39

O to A for life, then to B and her heirs, but if B does not survive A, then to C and his heirs.

Answer 39

A has a Life Estate. B has a Vested Remainder Subject to Divestment in FSA. C has a Shifting Executory Interest in FSA.

Question 40

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

Answer 40

A has a Life Estate. O has a Reversion in FSSEL. (for one year after A's death). B has a Springing Executory Interest in FSA.

Question 41

O to A for life, then to B and his heirs, but if A ever farms the land, then immediately to C and his heirs.

Answer 41

A has a Life Estate subject to Executory Limitation. B has a Vested Remainder Subject to Divestment in FSA. C has a Shifting Executory Interest in FSA.

Question 42

O to A for life, then to B and his heirs, but if B dies under the age of 21, then immediately to C and her heirs, B is 15.

Answer 42

A has a Life Estate. B has a Vested Remainder Subject to Divestment in FSSEL. C has a shifting Executory Interest in FSA.

Question 43

O to A for life, then to A’s first child to reach 21. SOT? RAP?

Answer 43

A: Life Estate “A’s first child”: CR in FSA O: Reversion in FSA Measuring life? A. Valid.

Question 44

O to A for life, then to A’s first child to reach 25. A has no children. SOT? RAP?

Answer 44

A: Life Estate “A’s first child”: CR in FSA O: Reversion in FSA No measuring life, void. Valid SOT: A: LE O: Reversion in FSA

Question 45

O to A for life, then to A’s first child to reach 25. A has one child, A1, who is 23 years old. SOT? RAP?

Answer 45

A: Life Estate “A’s first child”: CR in FSA O: Reversion is FSA No measuring life, void. Valid SOT: A: LE O: Reversion in FSA

Question 46

O conveys “to A for life, then to B if B attains the age of 30.” B is now 2 years old. SOT? RAP?

Answer 46

O: LE B: CR in FSA O: Reversion in FSA B was alive at TOG, kill everyone at TOG to trigger the perpetuity period, B dies, and contingency dissolves. Valid

Question 47

O conveys “to A for life, then to A’s children for their lives, then to B if B is then alive, and if B is not then alive, to B’s heirs.” Assume that A has no children at the time of conveyance. SOT? RAP?

Answer 47

“A’s Children”: CR in LE RAP valid because their interest vests or fail at A’s death the latest. B: CR in FSA RAP Valid B can only vest during their life. “B’s heirs”: CR in FSA RAP Valid Their interest vests or fails at B’s death the latest. O: Reversion in FSA

Question 48

O, a teacher of property law, declares that she holds in trust $1,000 “for all members of my present property class who are admitted to the bar.” Is the gift good? SOT? RAP? Part 2: Suppose that O had said “for the first child of A who is admitted to the bar.” SOT? RAP?

Answer 48

O: FSSEL “All members….. to the bar”: EI in FSA. Valid. We will know at the death of all members if someone was admitted to the bar. Part 2 O: FSSEL “First child of A”: EI in FSA. Void.

Question 49

O to the school board so long as the land is used as a school. SOT? RAP?

Answer 49

School board: FSD O: Poss of Rev FSA No RAP problem.

Question 50

O to A for life, then to the children of B who reach 21. 1. B1=20 SOT? 2. B1=21. B2 born. SOT? 3. A dies. SOT? 4. B3 born. SOT?

Answer 50

1. A: LE B: CR in FSA O: Reversion FSA 2. A: LE B1: VRSO B2: EI 3. B1: FSSEL B2: EI The class closes by the rule of convenience. 4. The class is already closed. B3 has nothing.

Question 51

O conveys “to A for life, then to A’s children who reach 25.” A has a child, B, age 23, living at the time of the conveyance. Is the remainder valid? Part 2: What if B is 26?

Answer 51

A: LE “A’s children… 25”: CR in FSA. VOID. Child C can be born after the TOG. Part 2: A: LE B: VRSO. VOID.

Question 52

O conveys “to A for life, then to A’s widow, if any, for life, then to A’s issue then living.” Is the gift to A’s issue valid?

Answer 52

A: LE “A’s widow”: CR in LE. VALID. “A’s issue then living”: CR in FSA. VOID. The widow can be born after the TOG, and A’s issue can also be born after the TOG. A dies. 21 years triggers. Then, the contingency vests/fails. O: Reversion FSA

Question 53

T devises property “to A for life, and on A’s death to A’s children for their lives, and upon the death of A and A’s children, to [the person or persons indicated in the bracketed examples below]. (a) “B if A dies childless” (b) “B if A has no grandchildren then living” (c) “B’s children” (d) “B’s children then living” (e) “A’s grandchildren” (f) “T’s grandchildren”

Answer 53

a. A: LE “A’s Children”: CR in LE. VALID. B: CR in FSA. VALID. We will know if A dies childless at A’s death for sure. b. B: CR in FSA. VOID. This could be determined at the death of all of A’s children, who could be born after the TOG. c. “B’s children”: CR in FSA. VALID. B is the measuring life. When B dies, we will know. d. “B’s children then living”: CR in FSA. VOID. Contingent upon B's children surviving A and CHILDREN OF A. Children of A can be born after the TOG. e. “A’s grandchildren”: CR in FSA. VOID. A’s grandchildren will not be determined until the death of all of A’s children. A’s children could be born after the TOG. f. “T’s grandchildren”: CR in FSA. VALID. If T is dead at the TOG (the grant is a will), then we know if T has children at the TOG. When we kill everyone alive at the TOG, all of T’s children die, and we know for certain if they have grandchildren.

Question 54

O to A for life, then to B for life if B reaches 21, then to C.

Answer 54

A: Life Estate B: CR in LE C: VR in FSA O: Nothing

Question 55

O to A for life, then to B so long as B always grows pecans on the property. Part 2: B Dies

Answer 55

A: LE B: VR FSD O: Poss Rev FSA Part 2: A: LE O: Rev FSA

Question 56

O to A for life, then to B, but if B ever pulls the oak tree, then immediately to C.

Answer 56

A: LE B: VR FSSEL C: Shifting EI in FSA

Question 57

O to B and his heirs upon B’s marriage.

Answer 57

O: FSSEL B: EI in FSA

Question 58

O to A for life, then to B and his heirs, but if A ever farms the land, then immediately to C and his heirs.

Answer 58

A: LESEL B: VRSD in FSA C: EI in FSA

Question 59

O to A for life, then to B for life, then to C, but if C ever sells liquor on the property, then to D.

Answer 59

A: LE B: VR in LE C: VR FSSEL D: EI in FSA

Question 60

O to A for life, then to B for life, then to C, but if B ever serves alcohol on the property, then immediately to D.

Answer 60

A: LE B: VR in LESEL C: VRSD in FSA D: Shifting EI in FSA

Question 61

O to A for life, then to B for life, then to C, but if A, B, or C ever serves alcohol on the property, then immediately to D.

Answer 61

A: LESEL B: VRSD in LESEL C: VRSD in FSSEL D: EI in FSA

Question 62

In 2010, O owns Blackacre. A enters Blackacre adversely the same year. In 2011, O dies, conveying Blackacre in his will “to B for life, remainder to C.” In 2023, B dies, having never entered Blackare. 10-year SOL. When did or will A acquire title to Blackacre through adverse possession?

Answer 62

A takes FSA in 2020. The title (FSA) is determined by what the title was at the time adverse possession began.

Question 63

In 2010, O owns Blackacre. In 2010, O conveys Blackacre as follows: “to B for life, then to C and her heirs.” In 2011, A enters Blackacre adversely. Neither B nor C occupies blackacre. B dies in 2023. 10-year SOL. When did or will A take title to Blackacre in adverse possession? What estate did / will he own at that time?

Answer 63

A: 2021, LEPAV measured by B’s Life C: Remainder in FSA At B’s death, A would become a trespasser again. A would have to stay another 10 years in adverse possession after B’s death to get FSA.