ELFI Ch 15.txt

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dschnelldavis
ID:
39282
Filename:
ELFI Ch 15.txt
Updated:
2010-10-03 12:40:19
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Law Property
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Estates in Land and Future Interests, Chapter 15
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  1. 15.1: O to A for 10 years, then to the first of A's children to join a law enforcement agency.
    (At present, A has no children.)
    Apply only the original common law Rule.
    For each interest that is vulnerable to the Rule Against Perpetuities, is the interest valid or void?
    The remainder to A's first child to join law enforcement is saved by the destructibility doctrine.
  2. 15.2: O to A, but if the land is ever not farmed, then to Habitat for Humanity.
    Apply only the original common law Rule.
    For each interest that is vulnerable to the Rule Against Perpetuities, is the interest valid or void?
    The executory interest to Habitat is void under the Rule Against Perpetuities.
  3. 15.3: O to Food for the World, but if the land is ever not farmed, then to Habitat for Humanity.
    Apply only the original common law Rule.
    For each interest that is vulnerable to the Rule Against Perpetuities, is the interest valid or void?
    The executory interest to Habitat is valid because of the charitable exemption to the Rule Against Perpetuities.
  4. 15.4: O to A for life, then to B's first grandchild.
    (At present, B has two children and no grandchildren.)
    Apply only the original common law Rule.
    For each interest that is vulnerable to the Rule Against Perpetuities, is the interest valid or void?
    The remainder to B's grandchild is saved by the destructibility doctrine.
  5. 15.5: O to A for life, then to the first of A's children to graduate from law school, but if no child has graduated from law school within 21 years of the death of B, then to C. (At the time of the conveyance, A has one child, B, who is 12.)
    For each interest that is vulnerable to the Rule Against Perpetuities, is the interest valid or void?
    • O to A for life, then to the first of A's children to graduate from law school, but if no child has graduated from law school within 21 years of the death of B, then to C. [At the time of the conveyance, A has one child, B, who is 12.]
    • The vulnerable interests are valid because of the saving clause.
  6. 15.6: O to A for life, then to A's first child to reach age 30.
    (A has two children: B (25) and C (28). C dies 6 months later. B lives 10 more years.)
    Which interests are vulnerable to the Rule Against Perpetuities?
    Apply the Uniform Statutory Rule Against Perpetuities.
    Can the vulnerable interest be determined to be valid at the time of the conveyance?
    If not, will it later becomes valid or void?
    • O to A for life, then to A's first child to reach age 30. [A has two children: B (25) and C (28). C dies 6 months later. B lives 10 more years.]
    • Vulnerable interest:
    • The interest of A's first child to reach 30 would be invalid under the common law Rule. Under USRAP, however, it is valid.
  7. 15.7: O to A for life, then to A's first child to reach age 30.
    (A has two children: B (25) and C (28). Both B and C die 6 months later. One year after B and C die, A has a third child, D. A dies one year after D is born. D lives to be 40.)
    Which interests are vulnerable to the Rule Against Perpetuities?
    Apply the Uniform Statutory Rule Against Perpetuities.
    Can the vulnerable interest be determined to be valid at the time of the conveyance?
    If not, will it later becomes valid or void?
    • O to A for life, then to A's first child to reach age 30. [A has two children: B (25) and C (28). Both B and C die 6 months later. One year after B and C die, A has a third child, D. A dies one year after D is born. D lives to be 40.]
    • Vulnerable interest:
    • The interest of A's first child to reach 30 would be invalid under the common law Rule. Under USRAP, however, it is valid.
  8. 15.8: O to A for life, then to A's grandchildren.
    (A has two children, ages 5 and 10, and no grandchildren.] Twenty years pass, and then A has three grandchildren within the next 5 years. When A's children are 50 and 55, A dies. Ten years later, the oldest of A's children dies. Five years after that, the youngest dies.)
    Which interests are vulnerable to the Rule Against Perpetuities?
    Apply the Uniform Statutory Rule Against Perpetuities.
    Can the vulnerable interest be determined to be valid at the time of the conveyance?
    If not, will it later becomes valid or void?
    • O to A for life, then to A's grandchildren. [A has two children, ages 5 and 10, and no grandchildren.] Twenty years pass, and then A has three grandchildren within the next 5 years. When A's children are 50 and 55, A dies. Ten years later, the oldest of A's children dies. Five years after that, the youngest dies.
    • Vulnerable interest:
    • The interest of A's grandchildren would be invalid under the common law Rule. Under USRAP, it is valid.

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