Real Property - Modified Fees

Question 1

Re McKallar

Answer 1

Deed railway as CS

right to re-entry may be sold(not reverter)

Question 2

Re Brown

Answer 2

4 brothers with no sale - general restraint

Question 3

Re Dixon

Answer 3

intestacy going to all children - Void for public policy.

Question 4

Re Machu

Answer 4

CS bankruptcy - void for public policy

Question 5

Re Leach

Answer 5

DF trust left till Bankruptcy. Trustee keeps interest to help bankrupt.

Question 6

Buckhurst

Answer 6

Right of re-entry can be sold

Question 7

Clayton v Ransden

Answer 7

CS Jewish Descent too vague - became Fee simple

Question 8

Re Tegg

Answer 8

CS Catholic - vauge, void

Question 9

Re Selby

Answer 9

CP - not as strict, if the is a way to be sure - ok

Question 10

Re Allen

Answer 10

CP - church of Englad - less strict - ok

Question 11

Re Tuck

Answer 11

CP/CS Jewish blood - Arbitration clause - OK

Question 12

Sifton v Sifton

Answer 12

CS/DF? live in Canada - court assumes CS to keep gift

Question 13

Eastern Trust v Mctague

Answer 13

Homemade will - multiple CS/DF some ok some not - Policy

Question 14

Re Moore

Answer 14

If its malum in se - Then the gift is struck out.

If its malum prohibitum - then CP is struck out and gift is still valid.