General Hypos Flashcards
T > A & B (J/T)
What is created?
Creates a life estate in A and B measured by the first LE to die with a contingent remainder in the survivor in FSA.
A & B (J/T) A murders B because he wants the right of survivor ship, then claims the whole by right of survivor ship. What occurs?
The murder of B by A acts as an act of severance resulting in the J/T being broken and replaced with a T/C. This means that A’s heirs will get half, and B will get half.
A and B own Black acre in J/T. A gives to C a 10 year term of years. After 5 years, A dies leaving everything to D. What does each person have?
B: Under modern law a term of years does not severe a J/T, so B takes FSA by right of survivor ship. Under common law, term of years severs J/T, so B would have a T/C with C for 5 years, then with D.
C: Under modern law, A’s death gives B the whole by right of survivorship. So C would have nothing. Under common law, A’s giving of a Term of Years would severe the J/T. Resulting in C having 5 years left on the term of years.
D: Under modern law, D would have nothing. The right of survivorship would allow for B to take possession of the whole in FSA leaving D out in the cold. Under common law, D would have a T/C with B after C’s Term of Years was up in 5 years.
A & B are J/T. A gives a LE to C. C then dies, who takes the LE?
C’s heirs because the LE is measured by A’s life. Not C’s. Under common law, giving a LE is an act of severance, under modern law it is not.
O owns Blackacre, she executes and delivers a deed of land to her daughter. The deed was not recorded. O tells D that she wants the land back and D being a good daughter gives it back. O then rips up the deed. Who owns Blackacre?
Deeds, like gifts, must be delivered to be effective. Manual delivery is required under common law. Any declaration showing an intent to be bound by the deed is usually sufficient under modern law. Under both laws in this situation, a new deed would be required though.
