ELFI Ch 14.txt

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dschnelldavis
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39283
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ELFI Ch 14.txt
Updated:
2010-10-03 12:43:09
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Law Property
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Estates in Land and Future Interests, Chapter Law Property 14
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  1. 14.1: Name the six RAP danger signs.
    • 1. When the condition is not personal to someone;
    • 2. When there is an identified age or time period of more than 21 years;
    • 3. When a conveyance skips a generation;
    • 4. When a conveyance requires that a holder survive someone who is merely described rather than named;
    • 5. When an event would normally happen well within 21 years, but there is no guarantee that it will;
    • 6. A "stacked" contingent interest.
  2. 14.2: O to A for life, then to A's first child to reach age 30.
    A has two children: B (25) and C (28).
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's first child to reach 30: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • A's first child to reach 30—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate
    • O: reversion in fee simple absolute
  3. 14.3: O to A for life, then to A's first child to reach age 21.
    A has two children: B (19) and C (18).
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's first child to reach 21: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • A's first child to reach 21—valid

    • State of the title after RAP:
    • Same
  4. 14.4: O to A for life, then to B and her heirs if B reaches 25.
    B is now 5.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • B: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • B's contingent remainder—valid

    • State of the title after RAP:
    • Same
  5. 14.5: O to A for life, then to A's first child for life, then to B's first child if he or she survives A's first child.
    At present, neither A nor B has children.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's first child: contingent remainder in life estate
    • B's first child: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • A's first child—valid
    • B's first child—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate
    • A's first child: contingent remainder in life estate
    • O: reversion in fee simple absolute
  6. 14.6: O to A for life, then to A's first child if he survives A by 20 years.
    A has no children yet.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • O: reversion in fee simple subject to an executory limitation
    • A's first child: springing executory interest in fee simple absolute

    • Vulnerable interests:
    • A's first child—valid

    • State of the title after RAP:
    • Same
  7. 14.7: O to A for life, then to A's first grandchild and his or her heirs.
    A has six children and no grandchildren.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • A's first grandchild: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • A's first grandchild—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate
    • O: reversion in fee simple absolute
  8. 14.8: O devises to A for life, then to O's first grandchild and his or her heirs.
    O has six children and no grandchildren.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • O's first grandchild: contingent remainder in fee simple absolute
    • O's estate: reversion in fee simple absolute

    • Vulnerable interests:
    • O's first grandchild—valid
    • (Did you notice that this is a devise?)

    • State of the title after RAP:
    • Same
  9. 14.9: O to A for life, then to B's first child to graduate from law school and his or her heirs.
    B has two children; and one of them is a first-year law student.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • B's first child to graduate from law school: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • B's first child to graduate from law school—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate
    • O: reversion in fee simple absolute
  10. 14.10: O to A for life, then to the residuary beneficiary under A's will for life, then to that person's children who survive him or her.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • Residuary beneficiary: contingent remainder in life estate
    • Beneficiary's surviving children: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • The residuary beneficiary—valid
    • The beneficiary's surviving children—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate
    • Residuary beneficiary: contingent remainder in life estate
    • O: reversion in fee simple absolute
  11. 14.11: O to A for life, then to the residuary beneficiary under A's will for life, then to that person's children.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • Residuary beneficiary: contingent remainder in life estate
    • Beneficiary's children: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • Residuary beneficiary—valid
    • Beneficiary's children—invalid

    • State of the title after RAP:
    • A: possessory estate in life estate Residuary beneficiary: contingent remainder in life estate
    • O: reversion in fee simple absolute
  12. 14.12: O to A and her heirs as long as the land is used for educational purposes; and if it is not used for educational purposes, then to B and her heirs.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in fee simple determinable
    • B: executory interest in fee simple absolute

    • Vulnerable interests:
    • B's executory interest—invalid

    • State of the title after RAP:
    • A: possessory estate in fee simple determinable
    • O: possibility of reverter in fee simple absolute
  13. 14.13: O devises "to the next President of the United States upon his or her swearing in."
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • O's estate: possessory estate in fee simple subject to an executory limitation
    • Next President to be sworn in: springing executory interest in fee simple absolute

    • Vulnerable interests:
    • Next President—invalid

    • State of the title after RAP:
    • O's estate: possessory estate in fee simple absolute
  14. 14.14: O to A for life, then to B and her heirs, but if B ever sells liquor on the land, to C and her heirs.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    • According to the conveyance:
    • A: possessory estate in life estate
    • B: vested remainder in fee simple subject to an executory limitation
    • C: executory interest in fee simple absolute

    • Vulnerable interests:
    • C's executory interest—valid

    • State of the title after RAP:
    • Same
  15. 14.15: O to A for life, then to A's children and their heirs.
    (a) Assume that A has no children.
    (b) Assume that A has one child, X.
    (1) What is the state of the title as the conveyance is written?
    (2) Identify all interests vulnerable to the Rule Against Perpetuities.
    (3) For each, is the interest is valid?
    (4) What is the state of the title, if it is different after applying the Rule.
    Assume that A has no children:

    • According to the conveyance:
    • A: possessory estate in life estate A's children: contingent remainder in fee simple absolute
    • O: reversion in fee simple absolute

    • Vulnerable interests:
    • A's children—valid

    • State of the title after RAP:
    • Same

    Assume that A has one child, X:

    • According to the conveyance:
    • A: possessory estate in life estate
    • X: vested remainder in fee simple (subject to open)

    • Vulnerable interests:
    • X's remainder—valid

    • State of the title after RAP:
    • Same

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