ELFI Ch 16.txt

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dschnelldavis
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39281
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ELFI Ch 16.txt
Updated:
2010-10-03 12:39:16
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Law Property
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Estates in Land and Future Interests, Chapter Law Property 16
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  1. 16.1: O to A for life, then to B and his heirs, then to C and his heirs.
    What is the state of the title?
    • O to A for life, then to B and his heirs, then to C and his heirs.
    • A: possessory estate in life estate
    • B: vested remainder in fee simple absolute
    • C: nothing [There is nothing left to convey after A's and G's interests.]
  2. 16.2: O to A for life, then to B's heirs, then to C's heirs.
    What is the state of the title?
    • O to A for life, then to B's heirs, then to C's heirs.
    • A: possessory estate in life estate B's heirs: contingent remainder in fee simple absolute C's heirs: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute
  3. 16.3: O to A and her heirs as long as the land is used for educational purposes.
    What is the state of the title?
    • O to A and her heirs as long as the land is used for educational purposes.
    • A: possessory estate in fee simple determinable
    • O: possibility of reverter in fee simple absolute
  4. 16.4: O to A and her heirs as long as the land is used for educational purposes, but if the land is not used for educational purposes, then to B and his heirs.
    What is the state of the title?
    • O to A and her heirs as long as the land is used for educational purposes, but if the land is not used for educational purposes, then to B and his heirs.
    • A: possessory estate in fee simple determinable [B's executory interest is invalidated by the Rule Against Perpetuities]
    • O: possibility of reverter in fee simple absolute
  5. 16.5: O to A and her heirs, but if she stops using the land for educational purposes, then to O.
    What is the state of the title?
    • O to A and her heirs, but if she stops using the land for educational purposes, then to O.
    • A: possessory estate in fee simple subject to a condition subsequent
    • O: right of entry in fee simple absolute
  6. 16.6: O to A if she graduates from law school. (A has not yet graduated from law school.)
    What is the state of the title?
    • O to A if she graduates from law school. (A has not yet graduated from law school.)
    • O: possessory estate in fee simple subject to an executory limitation
    • A: springing executory interest in fee simple absolute
  7. 16.7: O to A for life, then to B if B survives A, but if B does not survive A, to C's children. (C has one child, X.)
    What is the state of the title?
    • O to A for life, then to B if B survives A, but if B does not survive A, to C's children. (C has one child, X.)
    • A: possessory estate in life estate
    • B: contingent remainder in fee simple absolute
    • X: (alternative) contingent remainder in fee simple absolute
  8. 16.8: O to A for life, then to A's heirs.
    What is the state of the title?
    • O to A for life, then to A's heirs.
    • A: possessory estate in life estate

    A: vested remainder in fee simple absolute (Shelley's Case) [Merger combines these into a possessory estate in fee simple absolute.]
  9. 16.9: First conveyance: O to A for life, then to B and her heirs.
    Second conveyance: A to C.
    What is the state of the title?
    • First conveyance: O to A for life, then to B and her heirs.
    • Second conveyance: AtoC.

    • C: possessory estate in life estate pur autre vie (measured by A's life)
    • B: vested remainder in fee simple absolute
  10. 16.10: First conveyance: O to A for life, then to B if B survives A.
    Second conveyance: O conveys to A.
    What is the state of the title?
    • First conveyance: O to A for life, then to B if B survives A. Second conveyance: O conveys to A.
    • After the first conveyance:
    • A: possessory estate in life estate
    • B: contingent remainder
    • O: reversion.

    • After the second conveyance:
    • A: possessory estate in life estate
    • B: contingent remainder

    • A: O's reversion
    • Effect of merger: A's life estate merges into the reversion,
    • destroying B's contingent remainder. Therefore, A has a
    • possessory estate in fee simple absolute.
  11. 16.11: O to A for life, then to B if B marries. (B is unmarried.) Subsequently, A dies and B is still unmarried.
    What is the state of the title?
    • O to A for life, then to B if B marries. (B is unmarried.) A dies and B is still unmarried.
    • According to the conveyance:
    • A: possessory estate in life estate
    • B: contingent remainder in fee simple absolute
    • O: reversion

    • Upon A's death:
    • The doctrine of destructibility of contingent remainders
    • destroys B's contingent remainder. O has a possessory estate
    • in fee simple absolute.
  12. 16.12: O to A for life, then to B if B adopts A's surviving children.
    What is the state of the title?
    • O to A for life, then to B if B adopts A's surviving children.
    • A: possessory estate in life estate
    • O: reversion in fee simple subject to an executory limitation
    • B: springing executory interest in fee simple absolute
  13. 16.13: O to A for life, then to O's heirs.
    What is the state of the title?
    • O to A for life, then to O's heirs.
    • A: possessory estate in life estate
    • O: reversion in fee simple absolute [worthier title]
  14. 16.14: O to A for life, then to A's widow for life, then to A's children who survive A's widow.
    A is now married and has a child (B).
    What is the state of the title?
    • O to A for life, then to A's widow for life, then to A's children who survive A's widow. [A is now married and has a child (B).]
    • A: possessory estate in life estate
    • A's widow: contingent remainder in life estate

    • [B's contingent remainder in fee simple absolute is invalidated by the Rule Against Perpetuities]
    • O: reversion in fee simple absolute
  15. 16.15: First conveyance: O to A for life. Second conveyance: O to B and C.
    What is the state of the title?
    • First conveyance: O to A for life. Second conveyance: O to B and C.
    • After the second conveyance:
    • A: possessory estate in life estate
    • B and C: O's reversion in fee simple absolute
  16. 16.16: O to A for life, then to A's children. (A has one child, B.)
    What is the state of the title?
    • O to A for life, then to A's children. (A has one child, B.)
    • A: possessory estate in life estate

    • B: vested remainder in fee simple subject to open
    • [Shelley's Case doesn't apply to "A's children," only to "A's heirs."]
  17. 16.17: First conveyance: O to A for life, then to B, but if B sells liquor on the premises, to O.
    Second conveyance: A inherits from O.
    What is the state of the title?
    • First conveyance: O to A for life, then to B, but if B sells liquor on the premises, to O. Second conveyance: A inherits from O.
    • After the first conveyance:
    • A: possessory estate in life estate
    • B: vested remainder in fee simple subject to a condition subsequent
    • O: right of entry in fee simple absolute
    • After the second conveyance:
    • A: possessory estate in life estate
    • B: vested remainder in fee simple subject to a condition subsequent
    • A: O's right of entry in fee simple absolute
    • [The intervening vested remainder prevents merger.]
  18. 16.18: First conveyance: O to A for life, then to B.
    Second conveyance: B conveys to O's heirs.
    What is the state of the title?
    • First conveyance: O to A for life, then to B. Second conveyance: B conveys to O's heirs.
    • After the first conveyance:
    • A: possessory estate in life estate
    • B: vested remainder in fee simple absolute.
    • After the second conveyance:
    • A: possessory estate in life estate O's heirs: contingent remainder in fee simple absolute B (as the grantor in the second conveyance): reversion in fee simple absolute [Merger doesn't apply because the interests are created in two instruments.]
  19. 16.19: O to A for life, then to B's heirs, and if B has no heirs, then to C.
    Then A dies and B is still alive.
    What is the state of the title?
    • O to A for life, then to B's heirs, and if B has no heirs, then to C. (Then A dies and B is still alive.)
    • According to the conveyance:
    • A: possessory estate in life estate B's heirs: contingent remainder in fee simple absolute
    • C: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    When A dies and B is still alive:

    O: possessory estate in fee simple absolute. [The contingent remainder to B's heirs is destroyed by the doctrine of destruction of contingent remainders.] [The contingent remainder to C suffers the same fate (assuming a court would construe "if B has no heirs" as a condition precedent and not yet satisfied, and therefore would destroy C's interest, too).]
  20. 16.20: O to A for life, then to B's heirs, and if B has no heirs, then to C.
    Then B dies with heirs. Then A dies.
    What is the state of the title?
    • O to A for life, then to B's heirs, and if B has no heirs, then to C. (Then B dies with heirs. Then A dies.)
    • According to the conveyance:
    • A: possessory estate in life estate
    • B's heirs: contingent remainder

    • C: contingent remainder
    • O: reversion in fee simple absolute
    • After B dies with heirs:
    • B's heirs: vested remainder in fee simple absolute
    • [C's contingent remainder is destroyed by the vesting of B's
    • heirs' remainder.]

    • After A dies:
    • B's heirs: possessory estate in fee simple absolute
  21. 16.21: O to A for life, then to B if B graduates from law school, but if B does not graduate from law school, then to C.
    Then A dies. B is two weeks away from graduating from law school.
    What is the state of the title?
    • O to A for life, then to B if B graduates from law school, but if B does not graduate from law school, then to C. (Then A dies. B is two weeks away from graduating from law school.)
    • At the time of the conveyance:
    • A: possessory estate in life estate
    • B: contingent remainder in fee simple absolute
    • C: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute
    • When A dies, the doctrine of destruction of contingent
    • remainders operates:
    • [B's remainder is still contingent on graduation, so it is destroyed.]
    • [C's remainder is still contingent on B not graduating, but B is
    • still alive and still might graduate. So C's remainder is
    • destroyed, too.]
    • Therefore, O: possessory estate in fee simple absolute.
  22. 16.22: O to A for life, then to B's first child to become a doctor.
    B has two children, ages 2 and 5.
    What is the state of the title?
    • O to A for life, then to B's first child to become a doctor. (B has two children, ages 2 and 5.)
    • A: possessory estate in life estate [B's first child to become a doctor: contingent remainder, which is invalidated by the Rule Against Perpetuities]
    • O: reversion in fee simple absolute
  23. 16.23: O devises to A for life, then to A's first grandchild.
    A has three children and two grandchildren.
    What is the state of the title?
    • O devises to A for life, then to A's first grandchild. (A has three children and two grandchildren.)
    • A: possessory estate in life estate A's first grandchild: vested remainder in fee simple absolute [A's first grandchild is a life in being and is already vested.]
  24. 16.24: O to A for life, then to A's heirs.
    What is the state of the title?
    • O to A for life, then to A's heirs.
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's heirs: contingent remainder (in fee simple absolute)

    O: reversion in fee simple absolute

    • Applying the Rule in Shelley's Case:
    • A: possessory estate in life estate


    • A: vested remainder in fee simple absolute
    • [It was a contingent remainder but now the holder is
    • ascertained.]
    • [O has nothing now that the remainder is vested.]


    A: possessory estate in fee simple absolute


    Applying merger:
  25. 16.25: O to A for life, then to B for life, then to A's heirs.
    What is the state of the title?
    • O to A for life, then to B for life, then to A's heirs.
    • According to the conveyance:
    • A: possessory estate in life estate
    • B: vested remainder in life estate
    • A's heirs: contingent remainder in FSA
    • (because not ascertained)

    • O: reversion in fee simple absolute
    • Apply the Rule in Shelley's Case:
    • A: possessory estate in life estate
    • B: vested remainder in life estate

    • A: vested remainder in fee simple absolute
    • [It was a contingent remainder but now the holder is ascertained.]
    • Apply merger? No, because there is an intervening vested estate.
  26. 16.26: O to A for life, then to A's first child to reach 25.
    A has no children.
    What is the state of the title?
    • O to A for life, then to A's first child to reach 25. (A has no children.)
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's first child to reach 25: contingent remainder

    O: reversion in fee simple absolute Applying the Rule Against Perpetuities (with destructibility), the contingent remainder will be destroyed on A's death. Therefore, the contingent remainder is valid under the RAP because it will either vest or be destroyed on A's death.
  27. 16.27: State the order in which the Chapter 11-15 rules and doctrines should be applied.
    • The order is:
    • 1. Rule in Shelley's Case (and merger)
    • 2. doctrine of worthier title (and merger)
    • 3. Rule Against Perpetuities
    • 4. merger
    • 5. destruction of contingent remainders
  28. 16.28: Which rules and doctrines apply immediately at the creation of a conveyance?
    Rule in Shelly's Case (and merger) doctrine of worthier title (and merger) Rule Against Perpetuities
  29. 16.29: Which rules and doctrines apply after subsequent factual developments?
    merger doctrine of destruction of contingent remainders

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