rap

Question 1

rule of convenience

Answer 1

A class closes when a member of the class is entitled to distribution.

Question 2

Immediate Gift to a Class (With No Condition Precedent):
Postponed Gift to a Class (With No Condition Precedent): same

Answer 2

(If A is dead at the time the gift takes effect) 
 If A is dead at the time of T’s death, the class of A’s children will be closed.
 Thus, all of A’s children will be included and will take.
o (If A is alive at the time of T’s death and has children at that time) 
 The children born at the time of T’s death are entitled to immediate distribution.
 Thus, the class will close, and all of those children will be included and may take.
 However, after-born children will be excluded.
o (If A is alive at T’s death but does not have children at that time) 
 No one is then entitled to immediate distribution.
 Thus, the class should remain open.
 All of A’s children, whenever born, will be included and should be able to take.

Question 3

Immediate Gift to a Class Occupied With a Condition Precedent:

Answer 3

An immediate gift to a class may be coupled with a condition precedent).
o In such a case, the class closes when the first member of the class satisfies the condition.
o All then born members of the class are included and make take if and when they satisfy the
condition.
o However, after-born children will be excluded.

ex1 (If B is alive at the time the conveyance was made and B has a child who is 15) 
 If B is alive at the time the conveyance is made, and B has one child who is 15, the class
will remain open.
 The class will close if and when a child of B reaches 21.

20

 All children of B born at the time the first child reaches 21 will be included, and they
may take, if and when they reach 21.
 All children born after the first child reaches 21 are excluded.
If B is alive at the time the conveyance is made and B has no children) 



If B is alive at the time the conveyance is made, and B has no children, the class will
remain open.
 The class will close if and when a child of B reaches 21.
 All children of B born at the time the first child reaches 21 will be included, and they
may take, if and when they reach 21.
 All children born after the first child reaches 21 are excluded.

Question 4

Gift to a Class With a Combination of Postponements

Answer 4

look at outline

Question 5

Rule Against Perpetuities (RAP):

Answer 5

No interest is good unless it must vest, if at all (or fail), no later than 21
years after some life in being at the creation of the interest. (if it can vest 21 years after death of relevant then violation

Question 6

rap step 1

Answer 6

Identify the Interests Subject to the RAP.
not fully vested contingent reminders subject to open executory interests

Question 7

rap step 2

Answer 7

Identify the Life or Lives in Being, Express or Implied by the Instrument Creating the
Interests.

class needs to be closed to measure

Question 8

rap step 3

Answer 8

Determine whether the interest will vest or will fail within 21 years of a measuring life
or lives (“kill” them). (The Might Have Been Rule)
o Measure from the time that the interest is created until the testator dies.
o Look at all possibilities.
o Kill of your life in being today and see if it would take longer than 21 years to vest.
o If so, it violates RAP and is void.

Question 9

rap step 4

Answer 9

(4) Treat the Part of the Gift that Violated the RAP as Void, Leaving the Remainder of the
Gift In-tact.
o (Ex): “O conveys to A for so long as liquor is not served on the premises, but if liquor is
served to B.”
 The shifting executory interest in B is void.
 A is left with a fee simple determinable.
 O has a possibility of reverter.

Question 10

class could close

Answer 10

no new memebers could be added(death)
any class member entitled to property

Question 11

all or nothing rule

Answer 11

if anyone in class violates it then no good