Midterm Deck (Estates & Future Interests)

Question 1

O conveys “to B and his heirs forever”

Type of Transfer?

Answer 1

Fee Simple

Question 2

O devises “to C for life”

Type of Transfer?

Answer 2

Life Estate

Question 3

O conveys “to D for ten years”

Type of Transfer?

Answer 3

Term of Years & O retains future rights

Question 4

O devises “to E and her heirs provided that E marries”

Type of Transfer?

Answer 4

FSSCS

Question 5

O conveys “to F, my pet cat”

Type of Transfer?

Answer 5

Cat is not a natural person so nothing is transferred

Question 6

O conveys “to G for as long as G lives”

What are the estates and future interests created?

Answer 6

G receives an ordinary life estate & O receives a reversion

Question 7

O conveys “to G for life.” G then conveys her estate to M

What are the estates and future interests created?

Answer 7

M has a pur autre vie life estate & lasts only as long as G lives;

if M dies first then M’s LE continues

O retains reversion which is possessory on G’s death

Question 8

O conveys “to Google, Inc. for life”

What are the estates and future interests created?

Answer 8

O retains fee simple

A life estate cannot be created in favor of partnerships, corporations, or similar business entities b/c they have potentially infinite “lifetimes.” Google receives nothing from this conveyance.

Question 9

O conveys “to B until he dies”

What are the estates and future interests created?

Answer 9

B=Life Estate

O=Reversion

Question 10

O devises “to C for life, then to X”

What are the estates and future interests created?

Answer 10

C=Ordinary Life Estate

X=Future Interest:
Indefeasibly Vested Remainder in FSA

O’s heirs=remainder after X
possibly?

Question 11

O conveys “to D for 200 years”

What are the estates and future interests created?

Answer 11

D=Terms of Years

Question 12

O devises “to E for life, then to Z for life”

What are the estates and future interests created?

Answer 12

E=Life Estate after O dies

Z=Life Estate after E dies
O’s heirs=remainder after Z dies

Question 13

O conveys “to F for life.”
F then conveys her interest “to Google, Inc”

What are the estates and future interests created?

Answer 13

F=Life Estate

Google=nothing b/c LE of F cannot be transferred to an entity

O=Reversion in FSA - ?

Question 14

A life tenant decides to mine gold found on the land

Which type of waste is relevant?

Answer 14

Ameliorative & potentially voluntary

Question 15

A life tenant decides to cut down the land’s valuable timber

Which type of waste is relevant?

Answer 15

Voluntary

Question 16

A life tenant fails to maintain a historic structure

Which type of waste is relevant?

Answer 16

Permissive

Question 17

A life tenant decides to demolish an aged, but functional gazebo in order to construct a modern pergola

Which type of waste is relevant?

Answer 17

I think the answer will depend -?

Question 18

O conveys “to B and the heirs of his body”

What are the estates and future interests created?

Answer 18

B and heirs = Fee Tail

O= reversions - possessory when B’s lineal descendants expire

Question 19

O devises “to C and her children”

What are the estates and future interests created?

Answer 19

Ambiguous so likely fee tail *Fee simple for C & Children at O’s death (fee tail not devisable)

????

Question 20

O conveys “to D and the children of his body”

What are the estates and future interests created?

Answer 20

Fee Tail

Question 21

O conveys “to E and heirs”

What are the estates and future interests created?

Answer 21

Likely Fee Tail (ambiguous)

Or is this Fee Simple b/c ambiguous???

Question 22

Vegan V conveys his restaurant “to M so long as only vegetarian meals are sold on the premises, but if not then V may reenter and reclaim the premises.” M conveys the property to P. P offers drinks served with complimentary fish nuggets. P also offers wine that includes traces of beetle larvae. P offers to sell the restaurant to X.

Identify M’s estate

What advice would you give X?

Answer 22

M=Fee Simple Subject to Condition Subsequent

V=Right to Reentry

P= takes the type of estate that M holds
*questionable

Question 23

O conveys “to B and his heirs so long as the land is not used as a nightclub”

Which transfers create a fee simple defeasible?

Answer 23

B=Fee Simple Determinable

O= FI in Transferor - automatically becomes possessory upon condition being met

Question 24

O devises “to C and her heirs, but if Boston becomes a state then O’s heirs have the right to re-enter and retake the estate”

Which transfers create a fee simple defeasible?

Answer 24

C=FSSCS - Only when O dies

C’s heirs=FSSCS - upon C’s death

O’s Heirs=FI to heirs of transferor when/if condition met - only possessory if they take action

Question 25

O conveys “to D for life, then to M and her heirs while the well continues to provide water”

Which transfers create a fee simple defeasible?

Answer 25

D=Life Estate

M (and heirs)=FSDeterminable
after D dies

O=FI - when/if condition met & automatically becomes possessory

Question 26

O conveys “to E and her heirs provided that alcohol is never served on the premises”

Which transfers create a fee simple defeasible?

Answer 26

E (and heirs)=FSSCS

O=FI - possessory if action taken

Question 27

O conveys “to the First Baptist Church provided that the land is used as a church, then to Google, Inc”

Which transfers create a fee simple defeasible?

Answer 27

FBC = FSSCS

Google=if condition met (FSA?)

O doesn’t reenter then FSA?

Question 28

O owns a fee simple absolute in Greenacre, she conveys Greenacre “to B for life.”

What estates and future interest are created?

Answer 28

O retains a reversion by operation of law. She held a fee simple absolute (an estate with a potentially infinite duration) and conveyed only a life estate (a portion of her whole interest). Thus, when B’s life estate ends, O will again have a fee simple absolute in Greenacre

Question 29

O conveys “to B for life, then if D becomes president, to D.”

Can D’s interest divest?
____

O conveys “to B for life, but if D becomes president, to D.”

Can D’s interest divest?

Answer 29

D has a remainder because there is no possibility that D can divest B’s life estate; his possession begins upon B’s death, as shown by the word “then.” D must “wait patiently” for B to die before D is entitled to possession.

The words “but if” show that B holds a defeasible estate (in this case, a life estate subject to an executory limitation). D can gain possession as soon as he becomes president, even if B is still alive, thus cutting short B’s estate. In this example, D has an executory interest, not a remainder

Question 30

O conveys Greenacre “to A for life, then to B”

Does B hold a vested remainder?

Answer 30

B holds an indefeasibly vested remainder (sometimes abbreviated as vested remainder)—a remainder in an identifiable person that is certain to become a possessory estate.

Question 31

O conveys Greenacre “to A for life, then to B.”

Is B’s interest capable of becoming possessory?

Answer 31

B will automatically be entitled to possession as soon as A’s life estate ends. But guaranteed possession is not required; the possibility of possession is enough

Question 32

O conveys “to B for life, then to D if D becomes president,” D has a remainder even if he is an 85-year-old high school dropout who has never run for political office.

Is D’s interest capable of becoming possessory?

Answer 32

It is theoretically possible that D might become president, so his interest is capable of becoming possessory when A’s life estate ends

Question 33

O conveys “to B for life, then to D, but if D does not survive B, then to E.”

What type of interest/estate does D have?

Answer 33

D is an ascertainable person. And his interest is not subject to a condition precedent: his interest is ready to become possessory unless a specified event occurs (D dies before B does). But if D dies before B, D’s interest will be terminated or divested. D has a vested remainder subject to divestment.

Question 34

O devises “to C, but if C ever drinks alcohol, then to D”

What are the estates and future interests?

Answer 34

C=Fee simple sub to exec limit

D= executory interest

Question 35

O conveys “to D for six months”

What are the estates and future interests?

Answer 35

D= term of years;

O= reversion

Question 36

O conveys “to E for so long as the land is used as a library”

What are the estates and future interests?

Answer 36

O= reversion;

E=FSD

Question 37

O conveys “to F for life, and then to G for life”

What are the estates and future interests?

Answer 37

F = life estate; indefeasibly vested remainder;

O=reversion

Question 38

O conveys “to A for life, then to B”

What are the estates and future interests?

Answer 38

A=life estate;

B =indefeasibly vested remainder

Question 39

O conveys “to G for 75 years”

What are the estates and future interests?

Answer 39

G=term of years; O=reversion

Question 40

O conveys “to C for life, then to D and his heirs if D lives to the age of 30” (D is 15 now)

What are the estates and future interests?

Answer 40

C=life estate

D= contingent (condition precedent);

O= would maybe be have a future interest a reversion if at the end of Cs life D has not lived to 30 years

So if when C dies when D is alive but not yet 30 it would still go back to O as a reversion

Question 41

O conveys “to G and her heirs so long as alcohol is not sold on the land”

What are the estates and future interests?

Answer 41

G= FSD; 
O = possible reverter

Question 42

O conveys “to A on May 20th, 2021”

What type of executory interest is it?

Answer 42

A = springing executory interest;

O = present possessory interest- converted it’s fee simple into a fee simple with executory interest

Question 43

O conveys “to A for life, then to B and her heirs, but if B does not survive A, then to C and her heirs”

What type of executory interest is it?

Answer 43

A = present possessory interest (life estate);

B & C = shifting executory interest

Question 44

O conveys “to A for life, then one year after A dies, to B and her heirs”

What type of executory interest is it?

Answer 44

B = springing executory interest; apparent gap after A dies

Question 45

O conveys “to A 15 years from now”

Which estates and future interests are created and/or retained by these transfers?

Answer 45

O - possessory converts FSA to Executory Limitation, Springing EI

Question 46

O devises “to B for life, then to C, but if D should return to New York, then to D”

Which estates and future interests are created and/or retained by these transfers?

Answer 46

B - Life Estate

C - Vested Remainder subject to Divestment in FSSEL

D - shifting EI vested remainder subj to divestment in FSA

Question 47

O conveys “to E when E marries”

Which estates and future interests are created and/or retained by these transfers?

Answer 47

Similar to #50 above, E - springing EI, O - FSEL

Question 48

O devises “to F as long as no alcohol is served on the property and if alcohol is served there, then to Alcoholics Anonymous”

Which estates and future interests are created and/or retained by these transfers?

Answer 48

F - FSEL, AA - shifting EI

Question 49

O conveys “to G for life, and then to H if H becomes a lawyer”

Which estates and future interests are created and/or retained by these transfers?

Answer 49

O - reversion if not to H, G - current possessory Life Estate, H - contingent remainder b/c subject to condition

Question 50

O conveys Greenacre “to B for life, and then to C if C reaches age 21.”

Is C’s remainder capable of being vested?

Answer 50

C holds a contingent remainder because of the condition precedent that C reach age 21; once C lives to 21, the uncertainty is removed, and his contingent remainder becomes a type of vested remainder.

Question 51

O conveys Greenacre “to B when a human goes to Saturn”

Is B’s remainder capable of being vested?

Answer 51

No, not before B has possession, the title uncertainty is removed only when a person goes to Saturn; and B is entitled to possession at that time.

Question 52

O conveys “to G for life, and then to H if H becomes a lawyer”

What are the estates/future interests created?

__

What happens if G dies but H is still alive but is not a lawyer yet?

Answer 52

G = life estate; H = contingent remainder (condition precedent)

___

Option 1: Is it going back to O and H will not be able to get it in the future even if H becomes a lawyer?

Option 2: Do we give it back to O but allow H to get the interest in the future?

Question 53

O conveys “to G for life, and then to H if H becomes a lawyer.”

Is this interest void?

Answer 53

Not void b/c H can only become lawyer during his lifetime

Question 54

O conveys “to B for life, then to M if M lives to be age 50”

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 54

B-LE, M-Contingent Remainder *** when M is dead as well must be considered not void because not possible

Question 55

O conveys “to B for life, then to M if M lives to be age 50”

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 55

B-LE, M-Contingent Remainder *** when M is dead as well must be considered not void because not possible

Question 56

O devises “to City, but if the land is not used as a school, then to H and her heirs”

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 56

Void b/c could be more than 21 years?, on O’s death C - FI FSEL, H-EI b/c possessory “shifting”, *note: “and her heirs” only indication type of estate not who is getting it.

???

Question 57

O conveys “to D provided that if it ceases to be used as a church, then to G if he is living”

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 57

Moment G dies FI cannot vest

???

Question 58

O conveys “to E and her heirs so long as the land is used for school purposes, then to S”

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 58

FSEL?, After S dies - could be 21 or more years before no longer a school? S-EI
???

**Have to look at all life in beings, including E in

Question 59

O conveys “to F for life, then to F’s grandchildren for life, then to K and his heirs.” No grandchildren have been born yet

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 59

F-LE, M’s FI cannot vest more than 21 years after M dies, violated b/c after conveyance F could have another child who then has a child - 50 years later

**Have to look at all life in beings, including O

Question 60

O devises “to my grandchildren who reach age 21.” Assuming that O has no grandchildren who have reached age 21 by his death

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 60

= ???

Question 61

O conveys “to my grandchildren who reach age 21.” Assuming that O has no grandchildren who have reached age 21 at the time of the conveyance

Which future interests are created and/or retained by these transfers?

Are they valid under the common law RAP?

Answer 61

violated - O could have a child after the conveyance.