Future Estates Hypos Flashcards
Slide 21:
In 1600 O conveys Blackacre “to A for life, then B forever.”
What does A and B have?
If A dies, then B dies, what does O have?
A- life estate
B- remainder in Life Estate
O- O or Os estate
Slide: 20
In 1600 O conveys Blackacre “to A for life, then B forever.”
What estates do A and B have? What does O have?
A - Life Estate
B- remainder in life estate
O- reversion
Note: under modern law B would have FSA
Slide 22:
In 1600 O conveys Blackacre to A for life, then B forever.
Suppose the conveyance occurred in 2002?
What do A, B, O have?
This would be modern law:
A- Life Estate
B- Remainder in FSA
O- nada
Slide 23:
In 1600 A conveys Whiteacre to A for life, remainder to the heirs of B. B is alive in 1600 but dies intestate soon thereafter. Bs heir is C. Subsequently A dies.
What estate does C have?
When the Life Estate ends with A, it would go to B. But B died intestate which leaves a contingent remainder to C with an FSA.
O conveys Greenacre to A and her heirs. As only child, B, is a spendthrift and runs up large, unpaid bills. Bs creditors can attach Bs property to satisfy their claims.
Is Bs interest in Greenacre, reachable by Bs creditors?
No. B does not have an interest. He had an expectation of a future interest.
O conveys Greenacre to A and her heirs. As only child, B, is spendthrift and runs up large bills. Bs creditors can attach Bs property to satisfy their claims.
Suppose A wishes to sell Greenacre and use the proceeds to take a trip around the world. Can B prevent A from doing this?
No because B has no interest. Just an expectation.
Slide 27:
O, owner of Blackacre, has two children. A (daughter) and B (son). B then dies testate leaving everything to W, his wife. B is survived by three children, B1 (daughter), B2 (son), and B3 (daughter). a1 is born to A. Then O dies intestate.
Who owns Blackacre in 1800?
B2 because under common law, a spouse was not an heir and neither we’re daughters. Even if there is a will giving the property to a woman, she cannot inherit and it goes to the next man in line.
O conveys Blackacre to A and her heirs. If A dies intestate and without issue, will Blackacre escheat to the state?
No, it will go to the ancestors or collateral.
O conveys Blackacre to A for life, remainder to B and her heirs. B then dies intestate without hurts. A then dies. Who owns Blackacre?
B has a vested remainder in FSA, a has a LE, o has nothing. It would escheat to the state bc there is no heirs and no will.
In England in 1800, O conveys Blackacre to A and her heirs male.
What estate does A have?
Fee tail male
O conveys Blackacre to A for life, remainder to B and her heirs. B then dies intestate without hurts. A then dies. Who owns Blackacre?
B has a vested remainder in FSA, a has a LE, o has nothing. It would escheat to the state bc there is no heirs and no will.
In England in 1800, O conveys Blackacre to A and her heirs male.
What estate does A have?
Fee tail male
O conveys Blackacre to A for life, remainder to B and her heirs. B then dies intestate without hurts. A then dies. Who owns Blackacre?
B has a vested remainder in FSA, a has a LE, o has nothing. It would escheat to the state bc there is no heirs and no will.
In England in 1800, O conveys Blackacre to A and her heirs male.
What estate does A have?
Fee tail male
O conveys Blackacre, located in MA, to A and the heirs of her body. A dies leaving her only child B as her sole heir. B dies without having children, devising all her property to C.
What is the state of the title?
A- fee tail
B- fee tail
C- bupkis
O- reversion
O conveys Blackacre, located in MA, to A and the heirs of her body. A dies leaving her only child B as her sole heir. B dies without having children, devising all her property to C.
How should B have arranged her affairs to carry out her wishes?
By removing the fee tail by using a straw man
O owns a FSA and makes the following transfer. Is there a reversion?
O > “to A for life, then to B and her heirs.”
A - life estate
B- vested remainder
O - no because O gave away all he has
O owns a FSA and makes the following transfer. Is there a reversion?
o > “To A for life, then to B and the heirs of her body.”
A- life estate
B- fee Tail
O- yes, if the blood line runs out.
O owns a FSA and makes the following transfer. Is there a reversion?
o > “to A for life, then to B and her heirs of an attains the age of 21 before A dies.” At the time of conveyance, B is 15.
A- life estate
B- contingent remainder
O- reversion that is destroyed once B turns 21 and A is still alive.
O owns a FSA and makes the following transfer, is there a reversion?
O> “to A for 20 years.
A- term of years
O- reversion
O > Blackacre to “A for life, then to B for life.”
O dies with a will devising all of Os property to C. Then A and B die. Who owns Blackacre?
C. A had a LE, b had a LE, O had a reversion at the termination of Bs LE. O devised C the right to the land.
O conveys Blackacre to “A for life, then to B if B gives A a proper funeral”
Does B have a remainder or executors interest?
If it is an executive interest, who interest will be divested if B gives A a proper funeral?
Executory interest
Os interest. This is a springing executory interest because it divests the grantor.
O> A for 10 years then to whoever is the dean of JMLS and their heirs.
The dean has a contingent remainder on being the dean at The end of As 10 years.
1) A for life, then to B and her Heirs
2) A for life, then to B and her heirs if B survives A.
3) A for life, then to B for life.
What is Bs remainder?
1) vested
2) contingent
3) vested
1) A for life, then to B and her heirs of B survives A.
2) A for life, then to B and her heirs, but if B does not survive A to C and her heirs.
3) A for life, then to B and her heirs if B survives A, and if B does not survive A to C and her heirs.
What is Bs remainder?
1) contingent
2) vested- subject to complete divestment
If B does not survive A, then C will take over with a “taking interest.” So C has a shifting executory interest.
3) contingent. C has an alternative contingent remainder
O> to A for life, then to B and her heirs, but if B does not survive A to C and her heirs.
What is the state of the title?
A - Life Estate
B- vested remainder in FSA subject to divestment by C.
C- shifting executory interest.
O- nothing
O> to A for life. Then to B and her heirs if B graduates from med school.
What is the state of the title?
A- LE
B- contingent remainder in FSA
C- reversion
O> to A for life, then to B and her heirs if B graduates from Med school, otherwise to C and her heirs.
A- LE
B- contingent remainder in FSA
C- alternative contingent remainder in FSA
O - reversion
The only way Os reversion can occur is if C pre-deceased A, then B does not graduate from medical school.
O> A for life, then to the last to die between B and C.
What is the state of the title?
A- LE
B- alternative contingent remainder
C- alternative contingent remainder
O- has a reversion bc if A dies and both B and C are still alive, it will go to O until one of them dies. Then the survivor has an executory interest which will take it from O.
O> A for life, then to B but if B dies without issue then to C and her heirs.
What is the state of the title?
A- LE
B- sequential contingent remainder
C- sequential contingent remainder
O- reversion
O > A for life, and in the event of As death to be and her heirs.
Is Bs remainder vested or contingent?
If B subsequently conveys her interest back to O, what does O have?
Vested remainder because A will die.
Reversion. Because B can only give what B has. So B has a vested remainder in a LE. So O takes that over.
O conveys “to A for life, then to B for life, then to C and her heirs.
What interests are created?
A- LE
B- vested remainder in LE
C- vested remainder in FSA
O- nothing
O> to A for life, then to B for life, then to C and her heirs if C survives A and B.
What interests are created?
A- LE
B- vested remainder in LE
C- contingent remainder in FSA
O- reversion
O> to A for life, then to As children and their heirs, but if at As death he is not survived by any children, then to B and her heirs.
At the time of conveyance, A is alive and has no children.
What is the state on the title?
A- life estate
As Children- contingent remainder in FSA
B- alternative contingent remainder
O- reversion
O> A for life, then to As children and their Heirs, but it at As death he is not survived by any children, then yo B and her heirs.
Two years after the covetable, twins C and D, are born to A. What is the state of the title?
A- LE
B- contingent remainder
C and D- contingent remainder
A could still have more children so C and D have a contingent remainder subject to partial divestment.
O- reversionT devises 10,000 dollars “to my cousin, don little, if and when he survives his wife.”
What does Don Little have?
Executory Interest
O> to A for life, then to B if B attains the age of 30. B is now 2 years old.
Is this valid under the RAP?
Valid; B is the measuring life, he was alive at the time of the grant. Therefor valid.
Because We will know at Bs death whether he reached 30 or not, it is valid under the rap.
O> “to A for life, then to As children for their lives, then to B if B is then alive and if B is not alone , to Bs heirs.”
A has no children at the time of conveyance.
Valid?
Valid bc B is the measuring life, we will know if B is still alive when the remainder in LE to As children ends, also with respect to As children, we will know if A had any at the end of As life.
O> “to A for life, then to As children who reach 25.” A has a child B, age 26, living at the time of the conveyance:
Valid?
No, because A May have an afterborn child that’s will not reach the age of 25 within 21 years of As death.
O> “to A for life, then to As widow, if any, for life then to As issue then living.”
Valid?
As widow - valid
As issue - invalid because that could be unborn widows.
See slide #98 about the unborn widow
O> “to A for life, then to As children for life, then to B.”
Valid under the RAP?
Valid
B’s remainder is vested on creation
O> “to A for life, then to A’s children for life, then to A’s grandchildren.”
Valid?
Invalid
A May have a child after the intent is created and so may have grandchildren beyond 21 years.
To the school board so long as it is used for a school, then to the Red Cross.
Valid under the RAP?
Valid under the Charity to Charity exception
To the school board so long as it is used for a school, then to A.
Valid under the RaP?
Invalid
To B for life, then to those of Bs siblings who reach age 21.
Valid under the RAP?
Valid with Bs parents as the measuring life
To B for life, then to such of Bs children who become lawyers.
Valid under the RAP?
Invalid: B may have a child born after the disposition who becomes a lawyer more than 21 years after Bs death.
To A for life, then to his wife, W for life, then to As surviving children.
Valid under RAP?
Valid; no unborn widow issue because his Wife is name and not unasertained person.
To A for life, then to his widow for life, then to As surviving defendants
Valid under the RAP?
Invalid. Unborn widow problem.
To X for life, then to Y, but if at her death Y is not survived by children, then to Z.
Valid because at Ys death we will know if she had children or not.
To M for life, then to Ms children for their lives, then to Ms grandchildren. M is 80 and has had a hysterectomy.
Valid under RAP?
Invalid; fertile octogenarian problem.
What interests are created under modern law and common law?
“To A in fee simple absolute.”
Common: LE because the words of limitation are wrong.
Modern: because of the grantors intent, it is FSA.
