Rules Affecting Gifts

Question 1

Class gifts

Answer 1

• gifts to unnamed persons

- unless otherwise stated, the class closes when any member of the class can call for distribution

Question 2

Cy pres

Answer 2

• when a gift to charity fails, the court may reform it to match the donor’s intent using 3 considerations:
  1. there must be property (or money) given for charitable purpose;
  2. it must be impossible, impracticable, or illegal to carry out the purpose; and
  3. the settlor must has manifested a general intent to devote the property to a charitable purpose

Question 3

Rules Against Perpetuities (RAP)

Answer 3

No interest is good unless it must vest, if at all, not later than 21 years after a life in being at the creation of the interest

• Statutory reform: Uniform Statutory Rule states that an interest is good if:
  1. if it is valid under common law; OR
  2. if it vests or terminates within 90 years after its creation

Question 4

Fair Housing Act

Answer 4

bars discrimination based on race, ethnicity, religion, national origin, gender, and disability in the sale or rental of a dwelling

Question 5

Conflict of Law

Answer 5

General rule = the law of the situs (the place where property is located) controls