Estates in Land - Transactions Flashcards

1
Q

Identify words of Purchase/Limitation:

O conveys Blackacre to A for ten years, remainder to B for life, remainder to the Church of the Seven Rays its successors and assigns, so long as the premises shall be used for church purposes.

A

Purchase:

  • “To A”
  • “To B”
  • “to the church of the Seven Rays”

Limitation:

  • “for 10 years”
  • “remainder…for life”
  • “remainder…its successors and assigns so long as the premises shall be used for church purposes”
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2
Q

Identify words of Purchase/Limitation:

O conveys Blackacre to A and his heirs, but if A shall die without issue living at her death, to the heirs of B.

A

Purchase:

  • “To A”
  • “To the heirs of B”

Limitation:

  • “and his heirs, but if A shall die without Issue living at her death”
  • “and her heirs” (fee simple)
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3
Q

O conveys Blackacre to A and his heirs.

A

A has a fee simple absolute

O has nothing

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4
Q

O conveys Blackacre to Greenpeace, its successors and assigns, so long as the premises shall be used for environmental purposes.

A

Greenpeace has a fee simple determinable

O has a possibility of reverter in fee simple absolute

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5
Q

O conveys Blackacre to A and his heirs, but if the premises shall be used for the sale of drugs then O may re-enter and repossess the premises.

A

A has a fee simple subject to conditions subsequent

O has power of termination and a right of entry

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6
Q

O conveys Blackacre to A for Life.

A

A has a life estate measured by A’s life

O has a reversion in fee simple

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7
Q

O conveys Blackacre to A for life and in the event of A’s death to B and her heirs.

A

A has a life estate measured by A’s life

B has a vested remainder in fee simple

O has nothing

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8
Q

O conveys Blackacre to A for life, then to B and her heirs.

A

A has a life estate measured by A’s life

B has a vested remainder in fee simple

O has nothing

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9
Q

O conveys Blackacre to A for life, then to B for five years

A

A has a life estate measured by A’s life

B has a vested remainder in a tenancy for a term of 5 years

O has a reversion in fee simple

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10
Q

O conveys Blackacre to A for life. A transfers all A’s interest to B.

A

A has nothing

B has a life estate pur autre vie (for the life of another) measured by A’s life

O has a reversion in fee simple

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11
Q

O conveys Blackacre to A for life, then to B and the heirs of her body.

A

A has a life estate measured by A’s life

B has a vested remainder in fee simple

O has nothing

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12
Q

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

A

A has a life estate measured by A’s life

B’s heirs have a contingent remainder in fee simple

O - depends on jurisdiction

  • if contingent remainder is destroyed, O has a reversion in fee simple
  • if contingent remainder is recognized, O has nothing
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13
Q

O conveys Blackacre to A for life, then to A’s children and their heirs. A has 1 child, B.

A

A has a life estate measured by A’s life

A’s children and their heirs have a vested remainder in fee simple, subject to open

B has a vested remainder in fee simple subject to partial divestment if A has more children

O has nothing

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14
Q

O conveys Blackacre to A for life, remainder to such of A’s issue as survive him.

A

A has a life estate measured by A’s life

Such of A’s issue as survive him have a contingent remainder in fee simple

O - depends on jurisdiction

  • if contingent remainder is destroyed, O has a reversion in fee simple
  • if contingent remainder is recognized, O has a reversion in fee simple subject to defeasance
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15
Q

O conveys Blackacre to A for life, then to A’s children and their heirs. At the time of the conveyance, A is living with two children B and C. Then A has another child D. After that A dies.

A

Before A dies:

A has a life estate measured by A’s life

A’s children have a vested remainder in fee simple, subject to open

O has nothing

After A dies:

A has nothing - dead
B, C & D each have a 1/3 interest in fee simple
O has nothing

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16
Q

O conveys Blackacre to A for life, then to A’s children who shall reach 21. A’s oldest child, B, is 17.

A

A has a life estate measured by A’s life

A’s children who shall reach 21 have a contingent remainder in fee simple

O has a reversion or reversion subject to defeasance

17
Q

After the Statute of Uses, O conveys Blackacre to A and his heirs when A marries.

A

A has a springing executory interest in fee simple when A marries.

O has a fee simple subject to A springing executory interest in A in fee simple when A marries

18
Q

After the Statute of Uses, O conveys Blackacre to B and her heirs, but if Blackacre is used for non-residential purposes, then to C forever.

A

B has a fee simple subject to a shifting executory interest in C if Blackacre is used for non-residential purposes

C has a shifting executory interest in fee simple if Blackacre is used for non-residential purposes

O has nothing

19
Q

O conveys Blackacre to A and B as joint tenants. B dies leaving an heir, H.

A

A has a fee simple absolute

B has nothing - dead

H has nothing

O has nothing

20
Q

O conveys Blackacre to A, B, C and their heirs. A dies leaving an heir, H.

A

A has nothing - dead

B, C & H are tenants in common - each with a 1/3 undivided interest in fee simple

O has nothing

21
Q

O conveys Blackacre to A and B as joint tenants. A transfers A’s interest to C.

A

B & C are tenants in common with each having a 1/2 undivided interest in fee simple

A has nothing

O has nothing

22
Q

O conveys Blackacre to A, B and C as joint tenants. A then conveys her interest to D. Then B dies leaving an heir H.

A

D has an undivided 1/3 interest in fee simple as a tenant in common with C

C has an undivided 2/3 interest in fee simple as a tenant in common with D

O has nothing
A has nothing
B has nothing - dead
H has nothing

23
Q

O conveys Blackacre to A and B as Tenants by the Entirety. At the time of the conveyance A and B are engaged to be married. Three months later they marry.

A

A and B each have an undivided 1/2 interest in fee simple as tenants in common

O has nothing

24
Q

In Hawaii after the Sawada case, Blackacre is held by H and W as Tenants by the Entirety. H and W are married. H gets into debt and a creditor of H, X, sues H to reach Blackacre to satisfy the debt. Will X succeed? Why or why not?

A

The creditor X, will not succeed. In Hawaii, after the Sawada case, the H is in the same position as the W was at common law. At common law, the W could not alienate her ½ undivided interest in the whole in Blackacre. Since a creditor can only “go after” property that a debtor spouse could alienate, and since the H is now treated in Hawaii for debtor-creditor purposes the same as the W under common law, H may not unilaterally alienate Blackacre and the creditor of H cannot “go after” Blackacre to satisfy the debt owed by the debtor spouse H.

25
Q

In New York, Blackacre is held by H and W as Tenants by the Entirety and H and W are married. W gets into debt and a creditor of W, X, sues to reach Blackacre to satisfy W’ debt. Will X succeed? Why or why not?

A

Yes, X will succeed. New York courts put the W in the same position as the H was at common law. Since, at common law, the H could alienate property held by H and W in a tenancy by the entirety the creditors of W can “go after” W’s interest in Blackacre except for W’s right of survivorship.