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VISITORS FROM SECTION J: SEE ME FOR AVAILABLE SEATS. Bach, Concertos for Two Harpsichords (1732-36) Performed 1980 THE ENGLISH CONCERT Trevor Pinnock, Conductor, Harpsichord Kenneth Gilbert, Harpsichord. Mahrenholz v. County Board DQ 97 RECAP/COMPLETION. GRANT VIOLATED Ms-FS Absolute

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visitors from section j see me for available seats
VISITORS FROM SECTION J:SEE ME FOR AVAILABLE SEATS

Bach, Concertos for Two Harpsichords

(1732-36)

Performed 1980

THE ENGLISH CONCERT

Trevor Pinnock, Conductor, Harpsichord

Kenneth Gilbert, Harpsichord

mahrenholz v county board major events fsd pr
GRANT VIOLATED

Ms-FS Absolute

9/77 HH release to SD?

Ms - FS Absolute

NO VIOLATION

SD-FSD HH-PR

9/77 HH release to SD?

SD - FS Absolute

Mahrenholz v. County BoardMAJOR EVENTS: FSD +PR
mahrenholz v county board major events fscs re
Mahrenholz v. County BoardMAJOR EVENTS: FSCS +RE
  • 3/51: Grant to SD#1: SD-FSCS Hs-RE
  • 2/69: Mrs.H dies intestate; HH sole heir?
  • 5/73: Property used for storage only
  • 5/77: HH conveys interest to Ms
  • 9/77: HH releases interest to SD#1
mahrenholz v county board major events fscs re5
Mahrenholz v. County BoardMAJOR EVENTS: FSCS +RE
  • 2/69: Mrs.H dies intestate; HH sole heir SD-FSCS HH-RE
  • 5/73: Property used for storage only?

(2 Possibilities: Violation or Not)

  • 5/77: HH conveys interest to Ms
  • 9/77: HH releases interest to SD#1
mahrenholz v county board major events fscs re 2 69 sd fscs hh re
GRANT VIOLATED

SD-FSCS HH-RE5/77 HH --> Ms?

NO VIOLATION

SD-FSCS HH-RE5/77 HH --> Ms?

Mahrenholz v. County BoardMAJOR EVENTS: FSCS +RE2/69: SD-FSCS HH-RE
mahrenholz v county board major events fscs re7
GRANT VIOLATED

SD-FSCS HH-RE

5/77 HH --> Ms?

SD-FSCS HH-RE

9/77 HH release to SD?

NO VIOLATION

SD-FSCS HH-RE 5/77 HH --> Ms?

SD-FSCS HH-RE

9/77 HH release to SD?

Mahrenholz v. County BoardMAJOR EVENTS: FSCS +RE
mahrenholz v county board major events fscs re8
GRANT VIOLATED

SD-FSCS HH-RE

9/77 HH release to SD?

SD - FS Absolute

NO VIOLATION

SD-FSCS HH-RE

9/77 HH release to SD?

SD - FS Absolute

Mahrenholz v. County BoardMAJOR EVENTS: FSCS +RE
slide10
Mahrenholz v. County BoardDQs 98-101: DistinguishingFee Simple Determinable from Fee Simple on Condition Subsequent (Eagles)
slide11

Mahrenholz v. County BoardThe court says (Top para. P583) : “The type of interest held governs the mode of reinvestment with title if reinvestment is to occur.”DQ98. What does the court mean by “reinvestment” ?

slide12

DQ99: (P584 (3d full para.) “In Northwestern Univ. …, a conveyance was ‘made upon the ex-press condition that… Wesley Hospital… shall erect a hospital building on said lot … and that on the failure of … Wesley Hospital to carry out these conditions the title shall revert to North-western University.’ This language cannot be interpreted as creating anything but a fee simple subject to a condition subsequent…” WHY?

slide13

DQ100: In a deleted passage in its discuss-ion of McElvain, the court says that “as an action in ejectment was brought…, the dif-ference between a fee simple determinable and a fee simple subject to a condition sub-sequent would have no practical effect ….”Why does it believe this?

slide14

Mahrenholz P583: “[A] grantor should give a FSD if he intends to give property for so long as it is needed for the purposes for which it is given and no longer, but he should employ a FSCS if he intends to compel compliance with a condition by penalty of a forfeiture.” - Pretty fine distinction- Court is describing idealized use of the forms- Can use to argue a grant is FSD or FSCS

slide15
Use a FSD “to give property for so long as it is needed for the purposes for which it is given and no longer”
  • To Xavier, so long as he operates his dental practice on the premises.
  • To Yolanda, so long as she doesn’t remarry.
  • To Zebulon University, so long as it is used as a research laboratory.
use a fscs to compel compliance with a condition by penalty of a forfeiture
Use a FSCS “to compel compliance with a condition by penalty of a forfeiture.”
  • To Xavier, but if the property is ever used for commercial purposes …
  • To Yolanda, but if alcohol is ever used on the premises …
  • To Zebulon University for construction of a science building, but if the building is not completed within 5 years or if it ever ceases to be used for educational purposes …
mahrenholz v county board

Mahrenholz v. County Board

To the Trustees of School District No. 1:

"to be used for school purpose only; otherwise to revert to Grantors herein.”

DQ101: Fee Simple Determinable or

Fee Simple on Condition Subsequent?

to be used for school purpose only otherwise to revert to grantors herein fsd
"to be used for school purpose only; otherwise to revert to Grantors herein.”: FSD
  • “only” suggests automatic
  • condition in 1st clause
  • “to revert” (v. “may re-enter”) suggests automatic
  • similar grants held FSD
to be used for school purpose only otherwise to revert to grantors herein fscs
"to be used for school purpose only; otherwise to revert to Grantors herein.” FSCS:
  • 2 clauses usually used for FSCS
  • No time words
  • Most states presume FSCS
slide20

Mahrenholz v. County BoardDQ102: Under what circumstances might the distinction between a fee simple determinable and a fee simple on condition subsequent be significant?

fsd v fscs consequences
FSD v. FSCS: Consequences
  • Transferability after breach (Mahrenholz)
fsd v fscs consequences22
FSD v. FSCS: Consequences
  • Transferability after breach
  • Adverse Possession
fsd v fscs consequences23
FSD v. FSCS: Consequences
  • Transferability after breach
  • Adverse Possession
  • Income from land after breach (to grantor if FSD)
fsd v fscs consequences24
FSD v. FSCS: Consequences
  • Transferability after breach
  • Adverse Possession
  • Income from land after breach
  • Waiver/Estoppel by future interest holder (possible if FSCS)
dq103 is storage a school purpose what legal research could you do to help resolve this question
DQ103:IS STORAGE A “SCHOOL PURPOSE”?What legal research could you do to help resolve this question?
slide29

DQ103:IS STORAGE A “SCHOOL PURPOSE”?What legal research could you do to help resolve this question?CASES ON “SCHOOL PURPOSE”CASES ON “CHURCH PURPOSE” ETC.

slide30
DQ103:IS STORAGE A “SCHOOL PURPOSE”?What factual research could you do to help resolve this question? (What facts matter?)
is storage a school purpose what facts matter grantor s intent
IS STORAGE A “SCHOOL PURPOSE”?What facts matter?: GRANTOR’S INTENT
  • CHECK GRANT OR RELATED DOX
  • WITNESSES TO TRANSACTION
  • ASK GRANTOR IF ALIVE
  • WITNESSES RE GRANTOR BELIEFS
slide32
DQ104. Why should we allow grantors to have any control at all of what happens to land after they have died?Come back to later w Shapira
check course page for logistical info
CHECK COURSE PAGE FOR LOGISTICAL INFO:
  • CHAPTER 7:
    • Info on Exam
    • 2007 Exams
    • Schedule for Additional Postings
  • Written Assignments
    • E-Mail Qs/Responses re Assignments #4 & #5
    • Prior Years’ Comments & Best Answers re #2 & #3
    • Info on Picking Up/Getting Scores for Submitted Assignments
7h thelma conveys to louise for 99 years if louise so long live

(7H): Thelma conveys "to Louise for 99 years if Louise so long live."

What other interests are there?

Louise: Term of years determinable.

7h thelma conveys to louise for 99 years if louise so long live36

(7H): Thelma conveys "to Louise for 99 years if Louise so long live."

Louise: Term of years determinable.

Thelma:Possibility of Reverter +

Reversion =

Reversion (Merger)

doctrine of merger

DOCTRINE OF MERGER

If one person becomes the owner of two contiguous interests, the interests will “merge”

doctrine of merger38

DOCTRINE OF MERGER

If one person becomes the owner of two contiguous interests, the interests willmerge.

Example: Eric has a life estate. Vanessa holds the reversion that follows it. If Eric purchases the reversion from Vanessa, it merges with his life estate and he will have a fee simple absolute.

doctrine of merger39

DOCTRINE OF MERGER

**MERGE**

If one person becomes the owner of two contiguous interests, the interests will merge.

problem 7i
PROBLEM 7I

Featuring Falcons

slide41

(7I) O conveys "to J and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, O retains a right to re-enter the premises." J opens a restaurant that serves several dishes cooked with wine or flamed with brandy and at Sunday brunch offers a free glass of champagne. The restaurant is successful, and 11 years after its opening D wants to buy it and add a bar. Advise D.

problem 7i multi step analysis
PROBLEM 7I:MULTI-STEP ANALYSIS
  • FSD or FSCS?
  • CONDITION VIOLATED?
  • EFFECT OF VIOLATION?
  • ADVICE RE PURCHASE
problem i multi step analysis
PROBLEM I:MULTI-STEP ANALYSIS
  • FSD or FSCS?
  • CONDITION VIOLATED?
  • EFFECT OF VIOLATION?
  • ADVICE RE PURCHASE
does orrin s interest vest automatically fsd or does he have to act fscs

(I): O “To Julia and her heirs so long as the premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on the premises, Orrin retains a right to re-enter the premises."

Does Orrin’s interest vest automatically (FSD) or does he have to act (FSCS)?

slide45

FSD or FSCS?

“So long as” & condition built into 1st clause suggest FSD

Moment of violation clear, so can be FSD

“Right to re-enter” & 2 clauses suggest FSCS

Most states: presumption favoring FSCS

Mahrenholz: More like punishment than purpose

problem 7i multi step analysis46
PROBLEM 7I:MULTI-STEP ANALYSIS
  • FSD or FSCS?
  • CONDITION VIOLATED?
  • EFFECT OF VIOLATION?
  • ADVICE RE PURCHASE
slide47

(7I): O “To J … so long as … premises are not used for sale of beer, wine, or liquor, and if beer, wine, or liquor is sold on ... premises O retains a right to re-enter….”DOES ITVIOLATE GRANT IF J’s restaurant:(i) serves several dishes cooked with wine or flamed with brandy? (ii) at Sunday brunch offers complimentary glass of champagne?

problem 7i multi step analysis48
PROBLEM 7I:MULTI-STEP ANALYSIS
  • FSD or FSCS?
  • CONDITION VIOLATED?
  • EFFECT OF VIOLATION?
  • ADVICE RE PURCHASE
slide49

IFVIOLATION, RESULT?If O has Possibility of Reverter?O gets legal title at moment of violation.If sufficient time has passed, J may have title through adverse possession

slide50

IFVIOLATION, RESULT?If O has Right of Entry (RE)?Assuming O has not acted, O still has REIf O is aware of Julia’s use of alcohol, may be held to have waived the right to enforce regarding these kinds of uses of alcohol.

problem 7i multi step analysis51
PROBLEM 7I:MULTI-STEP ANALYSIS
  • FSD or FSCS?
  • CONDITION VIOLATED?
  • EFFECT OF VIOLATION?
  • ADVICE RE PURCHASE
slide52
Note that if J sells a defeasible fee to D, D takes subject to any condition not made irrelevant by the sale.
  • To J so long as alcohol is never used on the premises.
    • Wording of condition not limited to J; appears to apply to anyone
    • Condition survives sale.
compare
COMPARE:
  • To J so long as J never uses alcohol on the premises.
    • Condition only places limit on J.
    • Essentially void if J is not the owner.
    • Once J is dead, condition can never be violated, so owner would have fee simple absolute.
plausible advice to donald includes
Plausible Advice to Donald Includes:
  • Buy both present estate and future interest (or “all rights” of both J and O) to merge into f.s.absolute
  • Serve free liquor & raise prices (and argue waiver if O questions)
  • Make purchase contingent on J insuring right to use alcohol (winning suit re adverse possession/ waiver/etc.; buying future interest; waiver K with O)
executory interests
EXECUTORY INTERESTS
  • Future interest in grantee
  • Cuts off prior vested interest (present estate or reversion or vested remainder) rather than waiting for it to expire naturally.
pre 1536 limitations on future interests in grantees
Pre-1536 Limitations on Future Interests in Grantees
  • Must follow finite estate
  • Must be capable of taking effect at the expiration of preceding estate
  • Must not take effect before the expiration of the preceding estate
executory interests58
EXECUTORY INTERESTS
  • Future interest in grantee
  • Cuts off prior vested interest rather than waiting for it to expire naturally.
  • Shifting Executory Interest cuts off another grantee
executory interests59
EXECUTORY INTERESTS
  • Future interest in grantee
  • Cuts off prior vested interest rather than waiting for it to expire naturally.
  • Shifting Executory Interest cuts off another grantee
  • Springing Executory Interest cuts off grantor
executory interests examples
EXECUTORY INTERESTS(EXAMPLES)

Shifting Executory Interest:

To Justin & his heirs so long as no tobacco is grown on the land, otherwise to Eric and his heirs.

executory interests examples61
EXECUTORY INTERESTS(EXAMPLES)

Springing Executory Interest:

  • To Crystal if she passes the California bar exam.
7f reggie to veronica for life then to betty and her heirs if betty attains the age of 21

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

Veronica: Life Estate

Betty: Contingent Remainder in Fee Simple

Reggie: Reversion

What happens if Veronica dies when Betty is 17?

7f reggie to veronica for life then to betty and her heirs if betty attains the age of 2163

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

What happens if Veronica dies when Betty is 17? (Common Law):

If contingency not met when prior estate ends, contingent remainder is destroyed.

Betty has nothing.

Reggie has fee simple absolute.

doctrine of destructability of contingent remainders

DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS

If contingency not met when prior estate ends, contingent remainder is destroyed

doctrine of destructability of contingent remainders65

DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS

Overruled by statute or caselaw in every American jurisdiction except Florida

7f reggie to veronica for life then to betty and her heirs if betty attains the age of 2166

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

What happens if Veronica dies when Betty is 17? (Modern View): If contingency not met when prior estate ends, we wait to see if it is met later.

Betty’s remainder becomes an executory interest.

Reggie has fee simple on executory limitation

7f reggie to veronica for life then to betty and her heirs if betty attains the age of 2167

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

Veronica dies; Betty is 17 (Modern View)

doctrine of destructability of contingent remainders second common application

DOCTRINE OF DESTRUCTABILITY OF CONTINGENT REMAINDERS(Second Common Application)

Where there is a life estate, a contingent remainder, and a reversion, and the life estate and reversion merge into a fee simple, the contingent remainder is destroyed

7f reggie to veronica for life then to betty and her heirs if betty attains the age of 2169

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

Veronica buys R’s reversion (Destructability)

7f reggie to veronica for life then to betty and her heirs if betty attains the age of 2170

(7F) Reggie “to Veronica for life, then to Betty and her heirs if Betty attains the age of 21.”

Veronica buys R’s reversion (Modern View)

problem 7j 7l
PROBLEM 7J-7L

Featuring Hawks

7j mary to rhoda for life then to ted if ted gives mary a proper funeral73

(7J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."

Rhoda: Life Estate

Ted?

7j mary to rhoda for life then to ted if ted gives mary a proper funeral74

(7J):Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Other?

7j mary to rhoda for life then to ted if ted gives mary a proper funeral75

(7J): Mary "to Rhoda for life, then to Ted if Ted gives Mary a proper funeral."

Rhoda: Life Estate

Ted?: Contingent Remainder (in f.s.)

Mary: Reversion

7j mary to rhoda for life then to ted if ted gives rhoda a proper funeral

(7J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper funeral."

Rhoda: Life Estate

What difference does change make?

7j mary to rhoda for life then to ted if ted gives rhoda a proper funeral77

(7J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper funeral."

Ted can’t possibly give Rhoda a “proper” funeral by the time Rhoda dies. Thus, Ted’s interest cannot be a remainder; there will be a gap between the end of R’s life estate and Ted’s interest. So Ted has …?

7j mary to rhoda for life then to ted if ted gives rhoda a proper funeral78

(7J): Mary "to Rhoda for life, then to Ted if Ted gives Rhoda a proper funeral."

Rhoda: Life Estate

Mary: Reversion

Ted: Springing Executory Interest (in f.s.)

exam tip use common sense
EXAM TIP: USE COMMON SENSE!!
  • Can’t give a “proper” funeral to a person until after death
exam tip use common sense80
EXAM TIP: USE COMMON SENSE!!
  • If an interest is conveyed in a will, the grantor is dead.
vested remainder subject to divestment vested remainder subject to complete defeasance p596
Vested Remainder Subject to Divestment=Vested Remainder Subject to Complete Defeasance (P596)
contingent remainder v vested remainder subject to divestment

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

contingent remainder v vested remainder subject to divestment83

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B dies at 17:(1+2) B gets 0; C gets fee simple at A’s death

contingent remainder v vested remainder subject to divestment84

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A alive; B turns 21: (1+2) B has vested remainder; C’s interest fails

contingent remainder v vested remainder subject to divestment85

CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT TO DIVESTMENT

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17: (1) Grantor has fee simple on executory limitation; B & C have springing executory interests.

slide86

(1) To A for life, then to B & her heirs if she turns 21, but if B dies before 21, then to C and his heirs.

(2) To A for life, then to B & her heirs, but if B dies before 21, then to C & his heirs.

A dies; B is 17: (1) Grantor has fee simple on executory limitation; B & C have springing executory interests. (2) B has fee simple on executory limitation; C has shifting executory interest.

vested remainder subject to divestment v vested remainder in fee simple on executory limitation

VESTED REMAINDER SUBJECT TO DIVESTMENT v.VESTED REMAINDER IN FEE SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs,but if B dies before turning 21, then to C & his heirs.

Condition can occur before B obtains possession.

vested remainder subject to divestment v vested remainder in fee simple on executory limitation88

VESTED REMAINDER SUBJECT TO DIVESTMENT v.VESTED REMAINDER IN FEE SIMPLE ON EXECUTORY LIMITATION

To A for life, then to B & her heirs,but if B ever uses the land for commercial purposes, to C & his heirs. (Condition cannot occur before B obtains possession)

common mistakes

COMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Remainder Subject to Divestment

Executory Interest Subject to Divestment

common mistakes90

COMMON MISTAKES

Contingent Remainder Subject to Open

Contingent Rem. Subject to Divestment

Executory Interest Subject to Divestment

george

(7K): “To George for life, then to Kramer and his heirs;but if Kramer does not attain the age of 21, then to Elaine and her heirs."Kramer is 15 years old.

George?

george life estate kramer

(7K): “To George for life, then to Kramer and his heirs;but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.

George: Life Estate

Kramer?

george life estate kramer vested remainder in f s subject to divestment elaine

(7K): “To George for life, then to Kramer and his heirs;but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine?

slide94

(7K): “To George for life, then to Kramer and his heirs;but if Kramer does not attain the age of 21, then to Elaine and her heirs." Kramer is 15 years old.

George: Life Estate

Kramer: Vested Remainder (in f.s.) subject to divestment

Elaine: Shifting executory interest (in f.s.)

tweety

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."Tweety has 2 children, Heckle and Jeckle.

Tweety?

tweety life estate tweety s children

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children?

tweety life estate tweety s children contingent remainders in f s must survive tweety peggy

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)

Peggy?

alternative contingent remainders

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes one to vest will destroy the other.

alternative contingent remainders99

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will destroy the other.

Here, only two possibilities: either (1) Tweety will be survived by children (who would then take) or (2) he won’t (Peggy takes)

slide100

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."Tweety has 2 children, Heckle and Jeckle.

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.) (must survive Tweety)

Peggy: Alternative contingent rem. (in f.s.)

Other?

slide101

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."

Tweety: Life Estate

Tweety’s Children: Contingent remainders (in f.s.) Peggy: Alternative contingent rem. (in f.s.)

Daffy: Reversion (even when alternate contingent remainders)

slide102

(7L): Daffy "to Tweety for life, then to such of Tweety\'s children as survive him,but if none of Tweety\'s children survives him, then to Peggy and her heirs."

Tweety: Life Estate

Heckle/Jeckle: Contingent remainders (in f.s.)

Peggy: Alternative contingent rem. (in f.s.)

Daffy: Reversion

problems 7m 7n
PROBLEMS 7M-7N

Featuring The Owls

billy

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Billy?

billy life estate billy s children

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Billy: Life Estate

Billy’s children?

billy life estate billy s children contingent remainder in f s unborn jo

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Billy: Life Estate

Billy’s children? Contingent remainder (in f.s.)

(unborn)

Jo?

alternative contingent remainders107

ALTERNATIVE CONTINGENT REMAINDERS

Two contingent remainders for which the event that causes each one to vest will destroy the other.

when does contingent remainder in children vest

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

When does contingent remainder in children vest?

slide109

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Contingent remainder in children vests when a child is born.

When does contingent remainder in Jo vest?

slide110

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Contingent remainder in children vests when a child is born.

Contingent remainder in Jo vests when Billy dies survived by no children.

Is the interest in Jo destroyed when the interest in the children vests?

slide111

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent rem. (in f.s.) (Not alternate)

Anything else?

slide112

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." Billy has no children.

Billy: Life Estate

Billy’s children: Contingent remainder (in f.s.)

Jo: Contingent rem. (in f.s.) (Not alternate)

Amanda: Reversion

billy life estate sydney

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs."B has child, Sydney. Effect?

Billy: Life Estate

Sydney?

slide114

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." B has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment. (Contingent remainder vests)

Jo?

slide115

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." B has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda?

slide116

(7M): Amanda "to Billy for life, then to Billy\'s children and their heirs, but if at Billy\'s death he is not survived by any children, then to Jo and her heirs." B has child, Sydney.

Billy: Life Estate

Sydney: Vested Remainder (in f.s.), subject to open, subject to divestment.

Jo: Shifting Executory Interest (in f.s.)

Amanda: Nothing (reversion divested)

jimmy

(7N): Clark “to Jimmy for life, then to Lois and her heirs,but if Jimmy is survived at his death by any children, then to such surviving children and their heirs. Jimmy has children, Perry & Della.

Jimmy?

jimmy life estate lois

(7N): Clark “to Jimmy for life, then to Lois and her heirs,but if Jimmy is survived at his death by any children, then to such surviving children and their heirs. Jimmy has children, Perry & Della.

Jimmy : Life Estate

Lois?

jimmy life estate lois vested remainder in f s subj to divestment perry della

(7N): Clark “to Jimmy for life, then to Lois and her heirs,but if Jimmy is survived at his death by any children, then to such surviving children and their heirs. Jimmy has children, Perry & Della.

Jimmy : Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della?

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(7N): Clark “to Jimmy for life, then to Lois and her heirs,but if Jimmy is survived at his death by any children, then to such surviving children and their heirs. Jimmy has children, Perry & Della.

Jimmy : Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della: Shifting executory interest (in f.s.)

Clark?

slide121

(7N): Clark “to Jimmy for life, then to Lois and her heirs,but if Jimmy is survived at his death by any children, then to such surviving children and their heirs. Jimmy has children, Perry & Della.

Jimmy : Life Estate

Lois: Vested remainder (in f.s.) subj. to divestment

Perry/Della: Shifting executory interest (in f.s.)

Clark? Nothing

slide122

(7L) (7M) (7N) TRYING TO DO SAME THINGS: (1) To A for life(2) If A has any surviving children, they should take(3) If no surviving children, to BBUT 3 DIFFERENT SETS OF INTERESTS CREATED

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