Quiz 9 Flashcards
1
Q
- A donation inter vivos or mortis causa can be made subject to a condition, so long as the condition is not contrary to the law or good morals. true or false
A
true
2
Q
- An obligation can be made subject to a suspensive condition. If the condition is unlawful or impossible, however, the obligation is null. true or false
A
true
3
Q
- Testator left the following legacy in her will: “I leave the sum of $100,000 to my nephew, Ned. It is my hope that he uses this money to pursue a college education.”
A
precatory language
4
Q
- Nene died testate survived by her adult son, Bryson, and her husband, Greg. Nene’s will disposed of her estate as follows: “I leave Greg the usufruct of all of my community property. His usufruct is conditioned on him not re-marrying. If he remarries his usufruct terminates. I leave Bryson the remainder of my estate on the condition that he forever terminate his relationship with his biological father, Adolpho. I hate that man. If any legatee does not survive me, his interest shall accrete to the Komen Foundation, a charitable organization.” Greg and Bryson want to challenge the conditions placed on their bequests
Which of the following best describes the probable outcome of Greg’s challenge?
(i) The condition is valid.
(ii) The condition is invalid because it violates public policy.
(iii) The condition will be stricken, the legacy is valid.
(iv) The entire legacy will be stricken.
A
a. (i)
5
Q
- Nene died testate survived by her adult son, Bryson, and her husband, Greg. Nene’s will disposed of her estate as follows: “I leave Greg the usufruct of all of my community property. His usufruct is conditioned on him not re-marrying. If he remarries his usufruct terminates. I leave Bryson the remainder of my estate on the condition that he forever terminate his relationship with his biological father, Adolpho. I hate that man. If any legatee does not survive me, his interest shall accrete to the Komen Foundation, a charitable organization.” Greg and Bryson want to challenge the conditions placed on their bequests.
Which of the following best describes the probable outcome of Bryson’s challenge?
(i) The condition is valid.
(ii) The condition is invalid because it violates public policy.
(iii) The condition will be stricken, the legacy is valid.
(iv) The entire legacy will be stricken.
A
b. (ii) and (iii)
6
Q
- Testator’s will left legacies to a number of friends and family members and then included the following language:
“If any beneficiary under this will shall contest, obstruct, oppose or otherwise resist the probate of or validity of this will or any trust at any time created by me, or shall start or join in any proceeding tending to avoid or set aside any provision of this will or any trust, such beneficiary thereby shall forfeit all bequests and rights conferred upon such beneficiary under this will and any trust, and this will and any trust shall be given effect in all respects as if such beneficiary had predeceased me without issue.”
This type of provision is commonly referred to as a _________.
A
in terrorem clause
7
Q
- Testator’s will left legacies to a number of friends and family members and then included the following language:
“If any beneficiary under this will shall contest, obstruct, oppose or otherwise resist the probate of or validity of this will or any trust at any time created by me, or shall start or join in any proceeding tending to avoid or set aside any provision of this will or any trust, such beneficiary thereby shall forfeit all bequests and rights conferred upon such beneficiary under this will and any trust, and this will and any trust shall be given effect in all respects as if such beneficiary had predeceased me without issue.”
Testator’s niece, Nelly, was not named in the will. She would have been an heir in intestacy. Nelly wants to challenge the will on the basis of lack of capacity. True or false: the quoted language from the will prohibits Nelly from challenging the will.
A
False
8
Q
- Testator’s will included the following provision:
“I leave my house to Alphonse and Boudreaux on the condition that they do not sell, alienate, lease, or otherwise encumber the house for a period of 30 years following my death.”
Alphonse and Boudreaux were both over the age of majority at the time of testator’s death. Which of the following best describes the effect of this provision?
A
c. The prohibition on alienation and encumbrance is a condition that is contrary to public policy.
9
Q
- In the Civil Law tradition, the prohibited substitution addresses some of the same policy goals that the _____ addresses in the common law tradition.
A
a. Rule against perpetuities
10
Q
- A donation that is deemed to be a prohibited substitution is a nullity. true or false
A
true
11
Q
- Testator’s will contains the following provision:
“I leave my house to Alphonse. If Alphonse does not survive me for a period of 30 days, however, I leave my house to Boudreaux.”
The language contemplating an alternative legacy to Boudreaux is known as a __________.
A
b. Vulgar Substitution
12
Q
- Testator’s will contains the following provision:
“I leave my house to Alphonse. If Alphonse does not survive me for a period of 30 days, however, I leave my house to Boudreaux.”
What is the maximum period of time that the Testator could have attached to the requirement that Alphonse survive the testator?
A
6 months
