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Estates Flashcards

1
Q

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

A

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

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2
Q

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

A

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

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3
Q

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

A

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

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4
Q

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

A

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

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5
Q

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

A

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

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6
Q

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

A

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

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7
Q

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

A

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

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8
Q

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

A

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

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9
Q

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

A

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

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10
Q

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

A

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

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11
Q

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

A

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

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12
Q

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

A

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

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13
Q

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

A

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

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14
Q

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

A

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.

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15
Q

O conveys “to A for 20 years.”

A

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

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16
Q

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?

A

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.

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17
Q

An indefeasibly vested remainder:
1.
2.

A
  1. Is certain to become possessory in the future.
  2. Cannot be divested.
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18
Q

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

A

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

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19
Q

A Vested Remainder Subject to Divestment:
1.
2.

A
  1. is not certain to become possessory.
  2. might be divested as a future interest.
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20
Q

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?

A

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

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21
Q

A Vested Remainder Subject to Open/Partial Divestment is:

A

given to a class described but not named

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22
Q

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

A

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

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23
Q

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

A

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

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24
Q

A contingent remainder is contingent for one of two reasons:

A
  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.
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25
Q

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

A

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

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26
Q

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

A

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.

27
Q

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.

A

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.

28
Q

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?

A

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

29
Q

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?

A

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.

30
Q

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

A

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

31
Q

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?

A

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.

32
Q

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?

A

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

33
Q

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?

A

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.

34
Q

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?

A

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.

35
Q

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

A

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

36
Q

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.

A

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.

37
Q
  1. Shifting executory interest cuts short _________
  2. Springing executory interest cuts short _________
A
  1. another grantee
  2. grantor
38
Q

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

A

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

39
Q

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

A

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

40
Q

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

A

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.

41
Q

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.

A

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.

42
Q

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.

A

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

43
Q

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

A

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

44
Q

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

A

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

45
Q

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?

A

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

46
Q

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

A

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

47
Q

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?

A

“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

48
Q

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?

A

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.

49
Q

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

A

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

50
Q

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?

A

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.

51
Q

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?

A

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.

52
Q

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?

A

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

53
Q

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”

A

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.

54
Q

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

A

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

55
Q

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

A

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

56
Q

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

A

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

57
Q

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

A

O: FSSEL
B: EI in FSA

58
Q

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.

A

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

59
Q

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.

A

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

60
Q

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.

A

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

61
Q

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.

A

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

62
Q

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?

A

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

63
Q

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?

A

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.

64
Q
A

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