Pg 15A

Question 1

Is this conveyance good under RAP?

“A grants to B for life, then to B’s oldest kid for life, then to C.“ At the time of the grant, B has no kids

Answer 1

– The contingent remainder in B’s oldest kid is OK because it will vest in possession no later than the end of B’s life, and B is a life in being at the time of creation.
– C’s remainder is good because it became vested at creation since it isn’t subject to any condition besides a natural expiration of preceding life estates

Question 2

What is the rule for interests that become vested subject to defeasance during the perpetuities period, and those that stay contingent exceeding that?

Answer 2

If they become vested subject to defeasance within the perpetuities period, they are good. But if they stay contingent exceeding that, they are bad

“O grants to A for life with a reminder to A’s daughter S, but if S goes to law school, remainder to X.“

At the time, A is alive and so is S, whose interest is good under RAP because it is vested subject to defeasance at creation. X’s interest is good too since it will vest in possession during S’s life

Question 3

Is this interest valid under RAP?

“O devises land to A for life, then to A’s widow for life, then to the kids of A that are living.“ At creation A is married to C and has no kids

Answer 3

Unborn widow situation:

• A’s present possessory life estate is vested on creation.
• A’s widow has a contingent remainder that is good under RAP because it is certain to vest at the death of A who is a life in being at creation
  – A’s kids have contingent remainders because their interests are subject to the condition precedent of surviving C, but it is void under RAP because it is not certain to vest within 21 years of the life in being’s death.
  – C and the kids would all be born after O’s death and could outlive A by more than 21 years, so no measuring life exists to save that gift

Question 4

Is this interest valid under RAP?

“O grants land to A for life, remainder to the kids of B.” B has two kids at creation

Answer 4

– The kids have a vested remainder subject to open to admit later born members. This isn’t vested, but the remainder is good since it will vest at the end of A’s life, and A is a life in being
– if the interest of even one potential member of the class can violate RAP, then the entire class gift is invalid