Future Interest Doctrines Flashcards
What remainder does RAP apply to?
The contingent remainder (AKA not ascertained taker), vested remainder subject to open (class), executory interest
Two ways contingent remainder were destructed?
1) Merger
2) Failure to vest in time to vest in possession
Surplusage Doctrine
If there is two clauses in the doctrine saying the same thing, get rid of one.
Fertility Rule
Traditionally, any person can conceive a child before death, but not after (regardless of age)
Merger doctrine
If 1 person holds 2 vested legal estates in land, a vested life estate followed by a vested remainder or reversion in fee simple, the former merges into the latter
Exception to the Merger Doctrine
1) if the 2 interests are separated by an indestructible interest (vested interest, executory interest, or indestructible contingent remainder) then NO f
2) If the 2 interests are created with a destructible contingent remainder between them, they do not merge at creation, but can merge later
Survival as an implied condition
Common Law: survival to time of possession is not required, and not an implied condition
UPC 2-707/1/3 of states: A future interest in TRUST IS CONTINGENT on survival until date of distribution
If the holder does not survive but leaves issue, make a substitute gift
Class gifts
Settlor is group minded
Who “to the heirs of A?”
Orthodox: A’s need not survive longer than the death of A - goes to the heirs
An heir must survive until distribution, which generates uncertainty as to whether someone will take
Rule in Shelley’s Case
Eliminates the interests created in “heirs” of transferor not grantor
When one instrument creates a life estate in A and a remainder in A’s heirs
A now has a fee simple, A’s heirs; nothing
Doctrine of Worthier Title
“O to A for life then to the heirs of O”
- O has a reversion in fee simple, heirs have nothing
Was is doctrine of worthier title?
Traditionally: rule of law
Modern: default rule of construction
UPC + many states have gotten rid of it
Class gifts in wills and trusts
Look closely at language to living issue of nearest degree
Rule of Convenience
The class closes when any member of the class is
entitled to possession and enjoyment of a share. At that point, no more people can enter the class
