Estates and Future Interests Problems

Question 1

O conveys “to A and the heirs of his body”
What type of freehold estate?
What does O retain?

Answer 1

Fee Tail

O retains a reversion

Question 2

Words of duration that creates a fee simple determinable___

Answer 2

so long as
while
until
during

Question 3

Future interest that follows a fee simple determinable

Automatically becomes possessory upon the happening of the stated condition

Answer 3

Possibility of reverter

Question 4

Words of duration that creates a fee simple subject to a condition subsequent____

Answer 4

provided that
but if
on condition that

Question 5

Future interest that follows a fee simple subject to a condition subsequent
Transferor must take affirmative steps in a reasonable amount of time

Answer 5

Right of re-entry

Question 6

O conveys “to B provided that the land is used as a church, then to C”

Answer 6

B has a fee simple subject to an executory limitation
C has a fee simple absolute after condition breach
O has nothing

Question 7

O conveys “to B for life, then to D if D becomes president”

Answer 7

B has a life estate
D has a contingent remainder
O retains a reversion

Question 8

O conveys Greenacre “to B for life, then to D’s children”

Answer 8

B has a life estate
D’s children has a vested remainder subject to open
D has nothing

Question 9

Condition precedent is

Answer 9

condition that must be met before the remainder can become possessory (not including natural termination of the prior estate)

Question 10

O conveys “to E when E marries”

Answer 10

E would have a Springing Executory Interest because E is divesting something from O
O has a fee simple subject to an executory limitation

Question 11

O conveys “to A 15 years from now”

Answer 11

A would have a springing executory interest because A is divesting O
O has a fee simple subject to an executory limitation

Question 12

O conveys “to H and her heirs”

Answer 12

H has a fee simple absolute
O has nothing
Heirs has nothing (not even there problem really reads O conveys to H)

Question 13

O conveys Greenacre “to B for the life of C”

Answer 13

B has a life estate measured by the duration of C’s life (estate pur autre)
O has a reversion

Question 14

O conveys “to B until B dies”

Answer 14

B has a life estate

O has a reversion

Question 15

O devises “to C for life, then to X”

Answer 15

C has a life estate
X has a indefeasibly vested remainder in fee simple absolute
O has nothing

Question 16

O devises “to C and her children”

Answer 16

C and her children have a fee simple absolute together

O has nothing

Question 17

O conveys “to D and the children of his body”

Answer 17

D and children have a fee simple absolute together

O has nothing

Question 18

O devises “to C, so long as the land is used as a school, then to H and her heirs”

Answer 18

C has a fee simple subject to an executory limitation
H has a shifting executory interest BECAUSE the property is divested and the land came from a transferee (C) not the original grantor (O)

Question 19

O conveys “to A for life, then to B”

Answer 19

A has a life estate
B has a indefeasibly vested remainder in fee simple absolute
O has nothing
Why a remainder?
–capable of becoming possessory immediately upon the expiration of A’s life estate
–cannot divest any previous interest
Why indefeasibly vested?
–B is ascertainable at the time of conveyance AND
–no condition precedent

Question 20

O conveys “to C for life then to D and his heirs if D lives to the age of 30”

Answer 20

C has a life estate 
D has a contingent remainder
O has a reversion 
Why a remainder?
--it is capable of becoming possessory immediately upon the expiration of C's life estate AND 
--it cannot divest any interest
Why is it contingent? 
--because it is subject to a condition precedent, namely that D live to be 30 yrs old

Question 21

O conveys “to E for life, then to F’s children and their heirs” (assume F has never had children)

Answer 21

E has a life estate 
F's children has a contingent remainder 
O has a reversion 
Why a remainder? 
--capable of becoming possessory immediately upon expiration of E's estate AND 
--it cannot divest any interest
Why contingent? 
because F has no children at the time of the conveyance, and they are therefore not ascertainable

Question 22

O devises “to G for life, then to H, but if H does not survive G, then to I”

Answer 22

G has a life estate
H has a vested remainder subject to divestment subject to an executory limitation
I has a shifting executory interest
O has nothing
Remainder for H because
–capable of becoming possessory immediately upon expiration of G’s life estate AND
–cannot divest any other interest
Remainder for H is vested because
–H is ascertainable at time of conveyance AND
–there is no condition precedent
I has an executory interest because it can become possessory only by divesting H; it is shifting because I takes from H a transferee

Question 23

O conveys “to J for life, then to K for life, then to L’s children” (assume L is alive and has one child named M)

Answer 23

J has a life estate
K has a indefeasibly vested remainder in a life estate
M has a vested remainder subject to open
Potential future children of L has a shifting executory interest
O has nothing
L has nothing
Explanation for K’s interest
–remainder because it is capable of becoming possessory immediately after J’s life estate AND cannot divest any other interest
–VESTED remainder because K is ascertainable at the time of conveyance AND there is no condition precedent
Explanation of M’s interest
Why vested subject to open
–L may have more children following conveyance
Explanation of L’s potential kids
–executory interest because they are unascertainable
–shifting because divesting from transferee M

Question 24

O conveys “to A 15 years from now”

Answer 24

O retains possession for the next 15 years in fee simple subject to an executory limitation
Why executory limitation?
–because A will divest O of O’s estate
A has a springing executory interest
Why?
because A’s future interest will divest O of O’s estate and because A takes from the transferor

Question 25

O conveys “to when E marries”

Answer 25

E has a springing executory interest in fee simple

O has a fee simple subject to an executory limitation

Question 26

O conveys “to E when he marries but only if he marries someone Greek Orthodox”

Answer 26

E has a springing executory interest in fee simple
O has a fee simple subject to an executory limitation
Is this conveyance valid? What are the public policy concerns?
–this is valid
–But not valid if the term is against an ethnic group “only if he marries a caucasian”
–religion OK, ethnicity or race not OK

Question 27

O devises to “F as long as no alcohol is served on the property and if alcohol is served there, then to Alcoholics Anonymous”

Answer 27

F has a fee simple subject to an executory limitation
AA has a shifting executory interest
O has nothing

Question 28

O conveys “to G for life, and then to H if H becomes a lawyer”

Answer 28

G has a life estate
H has a contingent remainder
O has reversion
Why does H have a remainder?
–it is capable of becoming possessory immediately upon the expiration of G’s life estate AND
–it cannot divest any other interests
Why is it contingent?
–because it is subject to a condition precedent
**O retains a reversion because H’s contingent remainder may never vest

Question 29

O conveys “to A, for O’s life, then to B for life, then to C and the children of his body”

Answer 29

A has a life estate pur autre vie
B has vested remainder in life estate
Remainder
–capable of becoming possessory immediately upon the expiration of A’s life estate pur autre vie AND
–it cannot divest any other interests
Vested remainder because B is ascertainable AND there is no condition precedent
C has vested remainder in fee simple absolute
O has nothing

Question 30

3 Concurrent estates

Answer 30

1) Tenancy in Common
2) Joint Tenancy
3) Tenancy By the Entirety