RAP

Question 1

Amelioration: Construction

Answer 1

(1) In construction, the court interprets the document in question in such a way that is consistent w/ grantor’s intent and thus avoid a RAP violation. (2) The grantor’s intent may be learned from intrinsic (the terms of the instrument) and extrinsic evidence (parol evidence).

Question 2

Cy Pres

Question 3

Wait and See Doctrine

Question 4

Uniform Statutory Approach

Answer 4

(1) Under the Uniform Statutory Rule Against Perpetuities, the court waits the common law standard or 90 years. (2) If it does the interest is valid, but if at the end of the period it does not vest or fail, the court can reform the instrument, cy pres.

Question 5

Amelioration: Presumption

Answer 5

1) Shall be presumed the creator intended estate to be valid
2) Presumed reference is to a person in being on the effective date of instrument
3) Where contingent on probate, it shall be presumed that it will happen in 21 years

4) Male and female cannot have child over the age of 55
5) Adoption shall be disregarded

6) CA comment: conclusive presumption of lifetime fertility is not unrealistic, possibility of having children by adoption

Question 6

“No Later Than 21 Years After a Life in Being”

Question 7

“No Interest”

Answer 7

(1) Contingent remainders are remainders that have either unascertainable beneficiaries or are subject to a condition precedent. (2) Vested remainders are remainders that have no unascertainable beneficiaries and are not subject to a condition precedent. (3) A vested remainder can be subject to partial defeasance or open when more individuals can be added to the class gift, a gift given to a group and not to a specifically named individual. (4) Only contingent interests in transferees, contingent remainders and executory interests, are bound by the RAP.