Future Interests Practice Flashcards
Identify the remainder and note whether it’s vested or contingent.
O to A for life, then to B for life, on condition that B has passed the bar. (B has been practicing law for ten years.)
O to A for life, [then to B for life], on condition that B has passed the bar. (B has been practicing law for ten years.)
Vested
Identify the remainder and note whether it’s vested or contingent.
O to A for life, then to B, but if B uses the land for an insurance agency, then back to O.
O to A for life, [then to B], but if B uses the land for an insurance agency, then back to O.
Vested
Identify the remainder and note whether it’s vested or contingent.
O to A for life, then to B if B does not then own an insurance agency.
O to A for life, [then to B if B does not then own an insurance agency].
Contingent
Identify the remainder and note whether it’s vested or contingent.
O to A for life, then to B if B is then married.
O to A for life, [then to B if B is then married].
Contingent
Do A’s heirs have any property interest? If so, what is it?
O to A for life, then to A’s heirs.
O to A for life, then to A’s heirs.
A’s heirs have a contingent remainder.
Do A’s heirs have any property interest? If so, what is it?
O to A and her heirs.
O to A and her heirs.
A’s heirs have nothing.
(“And her heirs” simply identifies the nature of A’s estate: a fee simple.)
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for life, then to B.
O to A for life, then to B.
A: possessory estate in LE
B: vested remainder in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for life, then to O.
O to A for life, then to O.
A: possessory estate in LE
O: reversion in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs until B reaches 25. (B is 12.)
O to A and her heirs until B reaches 25. (B is 12.)
A: possessory estate in FSD
O: POR in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs, but if A divorces, then to O.
O to A and her heirs, but if A divorces, then to O.
A: possessory estate in FSSCS
O: ROE in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for life, but if an interstate highway is built within one mile of the property, then to O.
O to A for life, but if an interstate highway is built within one mile of the property, then to O.
A: possessory estate in FSSCS
O: reversion in FSA
[O actually has two interests: a reversion (because A’s estate is a LE) and a right of entry (because A’s life estate is also subject to a condition subsequent). We call O’s interest the larger of these two: a reversion.]
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for life or until A divorces, then to O.
O to A for life or until A divorces, then to O.
A: possessory estate in LE determinable
O: reversion in FSA
[O actually has two interests: a reversion (because A’s estate is a LE) and a right of entry (because A’s life estate is also determinable). We call O’s interest the larger of these two: a reversion.]
Has O retained an interest? If so, what kind?
O to A for life, then to B, on condition that B has passed the bar.
O to A for life, then to B, on condition that B has passed the bar.
Yes, O has a ROE.
Has O retained an interest? If so, what kind?
O to A for life, then to B.
O to A for life, then to B.
No, B has an FSA so O has no future interest.
Has O retained an interest? If so, what kind?
O to A for life, then to B if B does not then own an insurance agency.
O to A for life, then to B if B does not then own an insurance agency.
Yes, O has a reversion.
Has O retained an interest? If so, what kind?
O to A for life, then to B if B has married. (B is presently married.)
O to A for life, then to B if B has married. (B is presently married.)
No, B satisfied the condition precedent, so O has no future interest.
Has O retained an interest? If so, what kind?
O to A for 10 years, then to B for 10 years.
O to A for 10 years, then to B for 10 years.
Yes, O has a reversion.
After these factual developments, is the remainder vested or contingent?
“O to A for life, then to B’s oldest child who survives B.” Then B dies with two children living.
Vested
After these factual developments, is the remainder vested or contingent?
“O to A for life, then to A’s oldest surviving child who has attained the age of 21.” Then A’s oldest child attains the age of 21.
Contingent
a condition precedent remains: the child must survive A.
After these factual developments, is the remainder vested or contingent?
“O to A for life, then to B if B marries.” Then B gets married. Subsequently, B divorces.
Vested
the condition precedent was satisfied when B married.
After these factual developments, is the remainder vested or contingent?
“O to A for life, then if B has died childless, to whoever is the Dean of State University Law School at the time of A’s death.” Then B dies childless.
Contingent
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and his heirs, but if A does not graduate from college, then to B.
O to A and his heirs, || but if A does not graduate from college, then to B. ||
A: possessory estate in FSSEI
B: executory interest in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs until no longer used for a church, then to B.
O to A and her heirs until no longer used for a church, || then to B.
A: possessory estate in FSSEI
B: executory interest in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs; however, if used for a pool hall, then to B and his heirs.
O to A and her heirs; || however, if used for a pool hall, then to B and his heirs. ||
A: possessory estate in FSSEI
B: executory interest in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for the life of B.
O to A for the life of B. ||
A: possessory estate in LE pur autre vie
O: reversion in FSA
B: nothing
What is the complete name of the possessory estate and the complete name of the future interest?
O to A, but if A cuts timber on the property, then to B and her heirs.
O to A, || but if A cuts timber on the property, then to B and her heirs. ||
A: possessory estate in FSSEI
B: executory interest in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for 25 years if A so long live.
O to A for 25 years if A so long live. ||
A: possessory estate in a TOY determinable
O: reversion in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A for life, then to B.
O to A for life, || then to B. ||
A: possessory estate in LE
B: vested remainder in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs until B reaches 25, then to B.
O to A and her heirs until B reaches 25, || then to B. ||
A: possessory estate in FSSEI
B: executory interest in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A and her heirs, on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B.
O to A and her heirs, || on condition that A does not use the property for a tavern, but if A uses the property for a tavern, then to B. ||
A: possessory estate in FSSEI
B: EI in FSA
What is the complete name of the possessory estate and the complete name of the future interest?
O to A while A is attending State University, then to B.
O to A while A is attending State University, || then to B. ||
A: possessory estate in FSSEI
B: EI in FSA
Is B’s remainder contingent or VRSD?
O to A for life, then to B, but if B even owns an insurance agency, then to O.
VRSD
Is B’s remainder contingent or VRSD?
O to A for 10 years, then to B for life if B has never owned a tavern, then to C.
contingent
Is B’s remainder contingent or VRSD?
O to A for 2 years, then to B, but if B ever uses the land for an insurance agency, then to C.
VRSD
Is the remainder given to a class subject to open or closed?
O to A for life, then to A’s children. (A has one child, B.)
subject to open
Is the remainder given to a class subject to open or closed?
T (Testator) to A for life, then to T’s children. (T has one child, B.)
closed
T is dead and can’t have any more children.
Is the remainder given to a class subject to open or closed?
O to A for 10 years, then to the 2001 graduates of State University Law School. (The conveyance was made in 2002.)
closed
Is the remainder given to a class subject to open or closed?
O to A for life, then to B’s children. (B presently has 3 children.)
subject to open
What is the state of the title?
O to A for 2 years, then to B if B clears the property of all of the garbage A leaves behind.
O to A for 2 years, || then to B if B clears the property of all of the garbage A leaves behind. ||
A: possessory estate in TOY
O: reversion in FSSEI
B: springing EI in FSA
What is the state of the title?
T devises “to A for life, then to B, but if B should ever use the property as a rental, then to C.”
T devises “to A for life, || then to B, || but if B should ever use the property as a rental, then to C.”
A: possessory estate in LE
B: VRSD in FSSEI
C: shifting EI in FSA
What is the state of the title?
O to A, so long as used as school
O to A, so long as used as school. ||
A: FSD (because words of duration)
O: POR (automatic)
What is the state of the title?
O to A while I am away in Europe eating all the cheese.
O to A while I am away in Europe eating all the cheese. ||
A: FSD (because words of duration)
O: POR (automatic)
What is the state of the title?
O to A provided that I remain in Europe eating all the cheese.
O to A provided that I remain in Europe eating all the cheese. ||
A: FSSCS (because words of condition)
O: ROE (not automatic, O must exercise ROE)
What is the state of the title?
O to A for life, then to B and her heirs.
O to A for life, || then to B and her heirs. ||
A: LE
B: vested remainder
B’s heirs: nothing
O: reversion
What is the state of the title?
O to A for life, then to B’s heirs.
O to A for life, || then to B’s heirs. ||
A: LE
B: nothing
B’s heirs: CR
O: reversion
What is the state of the title? And who currently owns the property?
O “to A; however, if A graduates from law school, then back to O.” (2 years later, A graduates from law school. O makes no attempt to retake the property.)
O “to A; || however, if A graduates from law school, then back to O.” || (2 years later, A graduates from law school. O makes no attempt to retake the property.)
A: FSSCS (because words of condition)
O: ROE (must be exercised)
A owns property (because O hasn’t exercised his ROE)
What is the state of the title?
O to A for life.
O to A for life. ||
A: LE
O: reversion
What is the state of the title?
O to A for 2 years.
O to A for 2 years. ||
A: TOY
O: reversion
What is the state of the title?
O to A for the life of B.
O to A for the life of B. ||
A: LE pur autre vie
B: nothing
O: reversion (after B dies)
What is the state of the title?
O to A for life, then to A’s children.
O to A for life, || then to A’s children.
A: LE
A’s children: CR (not ascertained)
O: reversion
What is the state of the title?
O conveys Blackacre “to A for life, then to A’s children.” (A has 1 child, B. B dies before A.)
Who gets Blackacre when A dies if A has no other children?
O conveys Blackacre “to A for life, || then to A’s children.” || (A has 1 child, B. B dies before A.)
A: LE
B: VRSO
O: nothing (no reversion b/c there is at least one child to take Blackacre in FSA)
Blackacre will go to B’s devisees, heirs, or will escheat to the state.
What is the state of the title?
O to A for life, then to A’s children who reach the age of 25.
(A has one child, B, who is 15.)
O to A for life, || then to A’s children who reach the age of 25. || (A has one child, B, who is 15.)
A: LE
B: CR* (subject to a condition precedent)
O: reversion
*can’t have a CR subject to open, because “subject to open” = “subject to partial divestment.” You can’t divest something that isn’t vested.
What is the state of the title?
O to A for life, then to whoever is the CEO of Starbucks.
O to A for life, || then to whoever is the CEO of Starbucks.
A: LE
CEO: CR (not ascertained)
O: reversion
What is the state of the title?
O to A for life, then to B and her heirs.
(A conveys to C.)
O to A for life, || then to B and her heirs. || (A conveys to C.)
A: LE
B: VR
C: LE pur autre vie
What is the state of the title?
O to A for life, then to A’s first child if he or she reaches 25.
O to A for life, || then to A’s first child if he or she reaches 25. ||
A: LE
A’s first child: CR (not ascertained and subject to condition precedent)
O: reversion
What is the state of the title?
O to A while A is volunteering for a legal nonprofit, then to B.
O to A while A is volunteering for a legal nonprofit, || then to B. ||
A: FSSEI
B: EI
O: nothing
What is the state of the title?
O to A for life, then to B for life, then to C.
O to A for life, || then to B for life, || then to C. ||
A: LE
B: successive LE (could also label as VR in LE)
C: VR in FSA
What is the state of the title?
O to A for life, then to B and her heirs, but if B doesn’t build a house during A’s lifetime, then to C.
O to A for life, || then to B and her heirs, || but if B doesn’t build a house during A’s lifetime, then to C. ||
A: LE
B: VRSD
C: shifting EI
What is the state of the title?
O to A for life, then to B if B builds a house during A’s lifetime, but if B does not build a house then to C.
O to A for life, || then to B if B builds a house during A’s lifetime, || but if B does not build a house then to C. ||
A: LE
B: ACR
C: ACR
O: technical reversion
*property will never go to O, technical reversion is just a rule of convention
What is the state of the title?
O to A for life, then to B if B is alive at A’s death, but if B is not alive at A’s death, then to C’s children.
O to A for life, || then to B if B is alive at A’s death, || but if B is not alive at A’s death, then to C’s children. ||
A: LE
B: CR (subject to condition precedent)
C’s children: CR (not ascertained & subject to condition precedent)
O: reversion
*not alternative CRs because it’s possible C won’t have any children and there’s a real possibility O will get reversion
What is the state of the title?
“I hereby convey Blackacre to Agnes for use as a community garden.”
“I hereby convey Blackacre to Agnes for use as a community garden.” ||
A: FSA
(if ambiguous because NEITHER durational or conditional language = FSA)
What is the state of the title?
O to A for life, then to B if B grows to be 6 ft tall, if not to C if she becomes a botanist, otherwise to D if D graduates from DU Law.
O to A for life, || then to B if B grows to be 6 ft tall, || if not to C if she becomes a botanist, || otherwise to D if D graduates from DU Law. ||
A: LE B: CR C: CR D: CR O reversion
What is the state of the title?
O to A to use as a campsite, however if A ceases to use the land to camp, to my best friend J.
O to A to use as a campsite, || however if A ceases to use the land to camp, to my best friend J. ||
A: FSSEI
J: shifting EI
What is the state of the title?
O to A for life, then to B if B is then married.
O to A for life, || then to B if B is then married. ||
A: LE
B: CR
O: reversion
What is the state of the title?
O to A for life, then to B, but if B is not then married, to C.
O to A for life, || then to B, || but if B is not then married, to C. ||
A: LE
B: VRSD
C: shifting EI
What is the state of the title?
O to A for life, then to B if B graduated college, but if B has not graduated from college, then to C.
O to A for life, || then to B if B graduated college, || but if B has not graduated from college, then to C. ||
A: LE
B: ACR
C: ACR
O: technical reversion
O to A for life, then to A’s children.
(At time of conveyance, A has one child, B. Five years later, A has another child, C. Five years after that, B dies, leaving a husband, D, and a child, E. In her will, B devises all her property to her husband, D.)
What interests exist after B’s death?
O to A for life, || then to A’s children. || (At time of conveyance, A has one child, B. Five years later, A has another child, C. Five years after that, B dies, leaving a husband, D, and a child, E. In her will, B devises all her property to her husband, D.)
A: LE
C + D: VRSO
E: nothing
(if B had died intestate, B’s VRSO would have gone to E via per stirpes.)
What is the state of the title?
O grants Whiteacre “to A for 5 years, then to B if B cleans up any mess that A leaves behind and repairs any damage that A did to Whiteacre.”
O grants Whiteacre “to A for 5 years, || then to B if B cleans up any mess that A leaves behind and repairs any damage that A did to Whiteacre.” ||
A: TOY
O: gap-filling reversion (in FSSEI)
B: springing EI
