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Property > Future Interests Practice > Flashcards

Future Interests Practice Flashcards

1
Q

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.)

A

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

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2
Q

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.

A

O to A for life, [then to B], but if B uses the land for an insurance agency, then back to O.

Vested

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3
Q

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.

A

O to A for life, [then to B if B does not then own an insurance agency].

Contingent

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4
Q

Identify the remainder and note whether it’s vested or contingent.

O to A for life, then to B if B is then married.

A

O to A for life, [then to B if B is then married].

Contingent

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5
Q

Do A’s heirs have any property interest? If so, what is it?

O to A for life, then to A’s heirs.

A

O to A for life, then to A’s heirs.

A’s heirs have a contingent remainder.

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6
Q

Do A’s heirs have any property interest? If so, what is it?

O to A and her heirs.

A

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.)

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7
Q

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.

A

O to A for life, then to B.

A: possessory estate in LE
B: vested remainder in FSA

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8
Q

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.

A

O to A for life, then to O.

A: possessory estate in LE
O: reversion in FSA

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9
Q

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.)

A

O to A and her heirs until B reaches 25. (B is 12.)

A: possessory estate in FSD
O: POR in FSA

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10
Q

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.

A

O to A and her heirs, but if A divorces, then to O.

A: possessory estate in FSSCS
O: ROE in FSA

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11
Q

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.

A

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.]

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12
Q

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.

A

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.]

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13
Q

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.

A

O to A for life, then to B, on condition that B has passed the bar.

Yes, O has a ROE.

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14
Q

Has O retained an interest? If so, what kind?

O to A for life, then to B.

A

O to A for life, then to B.

No, B has an FSA so O has no future interest.

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15
Q

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.

A

O to A for life, then to B if B does not then own an insurance agency.

Yes, O has a reversion.

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16
Q

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.)

A

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.

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17
Q

Has O retained an interest? If so, what kind?

O to A for 10 years, then to B for 10 years.

A

O to A for 10 years, then to B for 10 years.

Yes, O has a reversion.

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18
Q

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.

A

Vested

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19
Q

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.

A

Contingent

a condition precedent remains: the child must survive A.

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20
Q

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.

A

Vested

the condition precedent was satisfied when B married.

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21
Q

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.

A

Contingent

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22
Q

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.

A

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

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23
Q

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.

A

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

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24
Q

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.

A

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

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25
Q

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.

A

O to A for the life of B. ||

A: possessory estate in LE pur autre vie
O: reversion in FSA
B: nothing

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26
Q

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.

A

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

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27
Q

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.

A

O to A for 25 years if A so long live. ||

A: possessory estate in a TOY determinable
O: reversion in FSA

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28
Q

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.

A

O to A for life, || then to B. ||

A: possessory estate in LE
B: vested remainder in FSA

29
Q

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.

A

O to A and her heirs until B reaches 25, || then to B. ||

A: possessory estate in FSSEI
B: executory interest in FSA

30
Q

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.

A

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

31
Q

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.

A

O to A while A is attending State University, || then to B. ||

A: possessory estate in FSSEI
B: EI in FSA

32
Q

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.

A

VRSD

33
Q

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.

A

contingent

34
Q

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.

A

VRSD

35
Q

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.)

A

subject to open

36
Q

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.)

A

closed

T is dead and can’t have any more children.

37
Q

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.)

A

closed

38
Q

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.)

A

subject to open

39
Q

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.

A

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

40
Q

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.”

A

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

41
Q

What is the state of the title?

O to A, so long as used as school

A

O to A, so long as used as school. ||

A: FSD (because words of duration)
O: POR (automatic)

42
Q

What is the state of the title?

O to A while I am away in Europe eating all the cheese.

A

O to A while I am away in Europe eating all the cheese. ||

A: FSD (because words of duration)
O: POR (automatic)

43
Q

What is the state of the title?

O to A provided that I remain in Europe eating all the cheese.

A

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)

44
Q

What is the state of the title?

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

A

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

A: LE
B: vested remainder
B’s heirs: nothing
O: reversion

45
Q

What is the state of the title?

O to A for life, then to B’s heirs.

A

O to A for life, || then to B’s heirs. ||

A: LE
B: nothing
B’s heirs: CR
O: reversion

46
Q

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.)

A

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)

47
Q

What is the state of the title?

O to A for life.

A

O to A for life. ||

A: LE
O: reversion

48
Q

What is the state of the title?

O to A for 2 years.

A

O to A for 2 years. ||

A: TOY
O: reversion

49
Q

What is the state of the title?

O to A for the life of B.

A

O to A for the life of B. ||

A: LE pur autre vie
B: nothing
O: reversion (after B dies)

50
Q

What is the state of the title?

O to A for life, then to A’s children.

A

O to A for life, || then to A’s children.

A: LE
A’s children: CR (not ascertained)
O: reversion

51
Q

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?

A

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.

52
Q

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.)

A

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.

53
Q

What is the state of the title?

O to A for life, then to whoever is the CEO of Starbucks.

A

O to A for life, || then to whoever is the CEO of Starbucks.

A: LE
CEO: CR (not ascertained)
O: reversion

54
Q

What is the state of the title?

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

(A conveys to C.)

A

O to A for life, || then to B and her heirs. || (A conveys to C.)

A: LE
B: VR
C: LE pur autre vie

55
Q

What is the state of the title?

O to A for life, then to A’s first child if he or she reaches 25.

A

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

56
Q

What is the state of the title?

O to A while A is volunteering for a legal nonprofit, then to B.

A

O to A while A is volunteering for a legal nonprofit, || then to B. ||

A: FSSEI
B: EI
O: nothing

57
Q

What is the state of the title?

O to A for life, then to B for life, then to C.

A

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

58
Q

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.

A

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

59
Q

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.

A

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

60
Q

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.

A

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

61
Q

What is the state of the title?

“I hereby convey Blackacre to Agnes for use as a community garden.”

A

“I hereby convey Blackacre to Agnes for use as a community garden.” ||

A: FSA

(if ambiguous because NEITHER durational or conditional language = FSA)

62
Q

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.

A

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
63
Q

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.

A

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

64
Q

What is the state of the title?

O to A for life, then to B if B is then married.

A

O to A for life, || then to B if B is then married. ||

A: LE
B: CR
O: reversion

65
Q

What is the state of the title?

O to A for life, then to B, but if B is not then married, to C.

A

O to A for life, || then to B, || but if B is not then married, to C. ||

A: LE
B: VRSD
C: shifting EI

66
Q

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.

A

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

67
Q

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?

A

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.)

68
Q

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.”

A

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

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