Tricky Questions Lewis Flashcards
O Conveys to A and her heirs, then to B and her heirs
A = Estate in FS Absolute B = has nothing O = Has nothing
O conveys to A forever (common law analysis)
A has a life estate
O has a reversion
O conveys to A for life, then to A’s children and their heirs. (A is alive and has no children).
A has a Life Estate
A’s Children have a Contingent remainder in FS
O has a Reversion in FS
O conveys to A for so long as the land is used for commercial purposes, then to B and her heirs. Is the conveyance valid?
Not valid. B’s executory interest in fee simple absolute is contingent and is subject to the Rule Against Perpetuities. It won’t necessarily vest or fail within a life in being plus 21 years, because no one knows how long the property will be used for commercial purposes.
O conveys to A upon A’s Marriage to B. Is the Conveyance Valid?
Valid. It is a springing executory interest and subject to the Rule Against perpetuities, but it must vest or fail during A’s lifetime.
O, who lives in Massachussetts has a possessory fee tail. O conveys to A in fee simple absolute.
A has a fee simple absolute
O has nothing
In Massachusetts, O Conveys to A and the heirs of her body, then to B and her heirs.
A has a fee tail.
O has reversion.
B has a springing executory interest in fee simple absolute.