Midterm Deck (Estates & Future Interests) Flashcards
O conveys “to B and his heirs forever”
Type of Transfer?
Fee Simple
O devises “to C for life”
Type of Transfer?
Life Estate
O conveys “to D for ten years”
Type of Transfer?
Term of Years & O retains future rights
O devises “to E and her heirs provided that E marries”
Type of Transfer?
FSSCS
O conveys “to F, my pet cat”
Type of Transfer?
Cat is not a natural person so nothing is transferred
O conveys “to G for as long as G lives”
What are the estates and future interests created?
G receives an ordinary life estate & O receives a reversion
O conveys “to G for life.” G then conveys her estate to M
What are the estates and future interests created?
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
O conveys “to Google, Inc. for life”
What are the estates and future interests created?
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.
O conveys “to B until he dies”
What are the estates and future interests created?
B=Life Estate
O=Reversion
O devises “to C for life, then to X”
What are the estates and future interests created?
C=Ordinary Life Estate
X=Future Interest:
Indefeasibly Vested Remainder in FSA
O’s heirs=remainder after X
possibly?
O conveys “to D for 200 years”
What are the estates and future interests created?
D=Terms of Years
O devises “to E for life, then to Z for life”
What are the estates and future interests created?
E=Life Estate after O dies
Z=Life Estate after E dies
O’s heirs=remainder after Z dies
O conveys “to F for life.”
F then conveys her interest “to Google, Inc”
What are the estates and future interests created?
F=Life Estate
Google=nothing b/c LE of F cannot be transferred to an entity
O=Reversion in FSA - ?
A life tenant decides to mine gold found on the land
Which type of waste is relevant?
Ameliorative & potentially voluntary
A life tenant decides to cut down the land’s valuable timber
Which type of waste is relevant?
Voluntary
A life tenant fails to maintain a historic structure
Which type of waste is relevant?
Permissive
A life tenant decides to demolish an aged, but functional gazebo in order to construct a modern pergola
Which type of waste is relevant?
I think the answer will depend -?
O conveys “to B and the heirs of his body”
What are the estates and future interests created?
B and heirs = Fee Tail
O= reversions - possessory when B’s lineal descendants expire
O devises “to C and her children”
What are the estates and future interests created?
Ambiguous so likely fee tail *Fee simple for C & Children at O’s death (fee tail not devisable)
????
O conveys “to D and the children of his body”
What are the estates and future interests created?
Fee Tail
O conveys “to E and heirs”
What are the estates and future interests created?
Likely Fee Tail (ambiguous)
Or is this Fee Simple b/c ambiguous???
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?
M=Fee Simple Subject to Condition Subsequent
V=Right to Reentry
P= takes the type of estate that M holds
*questionable
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?
B=Fee Simple Determinable
O= FI in Transferor - automatically becomes possessory upon condition being met
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?
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
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?
D=Life Estate
M (and heirs)=FSDeterminable
after D dies
O=FI - when/if condition met & automatically becomes possessory
O conveys “to E and her heirs provided that alcohol is never served on the premises”
Which transfers create a fee simple defeasible?
E (and heirs)=FSSCS
O=FI - possessory if action taken
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?
FBC = FSSCS
Google=if condition met (FSA?)
O doesn’t reenter then FSA?
O owns a fee simple absolute in Greenacre, she conveys Greenacre “to B for life.”
What estates and future interest are created?
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
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?
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
O conveys Greenacre “to A for life, then to B”
Does B hold a vested remainder?
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.
O conveys Greenacre “to A for life, then to B.”
Is B’s interest capable of becoming possessory?
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
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?
It is theoretically possible that D might become president, so his interest is capable of becoming possessory when A’s life estate ends
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?
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.
O devises “to C, but if C ever drinks alcohol, then to D”
What are the estates and future interests?
C=Fee simple sub to exec limit
D= executory interest
O conveys “to D for six months”
What are the estates and future interests?
D= term of years;
O= reversion
O conveys “to E for so long as the land is used as a library”
What are the estates and future interests?
O= reversion;
E=FSD
O conveys “to F for life, and then to G for life”
What are the estates and future interests?
F = life estate; indefeasibly vested remainder;
O=reversion
O conveys “to A for life, then to B”
What are the estates and future interests?
A=life estate;
B =indefeasibly vested remainder
O conveys “to G for 75 years”
What are the estates and future interests?
G=term of years; O=reversion
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?
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
O conveys “to G and her heirs so long as alcohol is not sold on the land”
What are the estates and future interests?
G= FSD; O = possible reverter
O conveys “to A on May 20th, 2021”
What type of executory interest is it?
A = springing executory interest;
O = present possessory interest- converted it’s fee simple into a fee simple with executory interest
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?
A = present possessory interest (life estate);
B & C = shifting executory interest
O conveys “to A for life, then one year after A dies, to B and her heirs”
What type of executory interest is it?
B = springing executory interest; apparent gap after A dies
O conveys “to A 15 years from now”
Which estates and future interests are created and/or retained by these transfers?
O - possessory converts FSA to Executory Limitation, Springing EI
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?
B - Life Estate
C - Vested Remainder subject to Divestment in FSSEL
D - shifting EI vested remainder subj to divestment in FSA
O conveys “to E when E marries”
Which estates and future interests are created and/or retained by these transfers?
Similar to #50 above, E - springing EI, O - FSEL
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?
F - FSEL, AA - shifting EI
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?
O - reversion if not to H, G - current possessory Life Estate, H - contingent remainder b/c subject to condition
O conveys Greenacre “to B for life, and then to C if C reaches age 21.”
Is C’s remainder capable of being vested?
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.
O conveys Greenacre “to B when a human goes to Saturn”
Is B’s remainder capable of being vested?
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.
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?
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?
O conveys “to G for life, and then to H if H becomes a lawyer.”
Is this interest void?
Not void b/c H can only become lawyer during his lifetime
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?
B-LE, M-Contingent Remainder *** when M is dead as well must be considered not void because not possible
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?
B-LE, M-Contingent Remainder *** when M is dead as well must be considered not void because not possible
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?
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.
???
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?
Moment G dies FI cannot vest
???
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?
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
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?
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
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?
= ???
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?
violated - O could have a child after the conveyance.
