Remaining Schedule

1
Remaining Schedule

• Office Hours 630-9 p.m. Deans Suite
• E-Mail Qs sent before 9 p.m.
• To be Posted Today
• Slides from Today (Probs RSTU)
• Suggested Analysis Probs VWX
• Exam Instruction Page
• Any additional Qs re Book
• Post-Exam -- Check Course Page for
• Memo w Correct Answers Comments
• Info on Picking Up Your Results

2
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• If Cheryl graduates from law school during
  Andrews life estate, does she divest Andrews
  interest or just Brians?

3
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Common law presumption If ambiguous, interest
  wont divest life estate

4
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Now generally treated as a question of grantors
  intent.

5
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, to Cheryl.
• To Andrew for life, then to Brian, but if Cheryl
  has graduated from law school, then to Cheryl.

6
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, to Cheryl.
• To Andrew for life, then to Brian, but if Cheryl
  has graduated from law school, then to Cheryl.
• Verb Tenses suggest immediate for first at end
  of life estate for second.

7
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Andrew is 16 Cheryl is 46.

8
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Cheryl
  graduates from law school, then to Cheryl.
• Andrew is 16 Cheryl is 46.
• Seems unlikely Cheryl will survive Andrew, so
  this suggests immediate divestment.

9
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Andrew
  graduates from law school, then to Cheryl.
• To Andrew for life, then to Brian, but if Brian
  graduates from law school, then to Cheryl.

10
TIMING AMBIGUITY

• To Andrew for life, then to Brian, but if Andrew
  graduates from law school, then to Cheryl.
• To Andrew for life, then to Brian, but if Brian
  graduates from law school, then to Cheryl.
• No clear reason to punish Andrew for Brians life
  choices.

11
DEFEASIBLE LIFE ESTATESTERMINOLOGY Book p.122

• To A for life, so long as she remains unmarried,
  then to B her heirs.
• Common Law Presumption B takes both at end of
  life estate if condition violated
• A has Life Estate Determinable
• B has Vested Remainder in Fee Simple Absolute
  (Executory Interest merges into Vested Remainder)

12
DEFEASIBLE LIFE ESTATESTERMINOLOGY My
Preference

• To A for life, so long as she remains unmarried,
  then to B her heirs.
• When B takes is ambiguous
• If B can cut off A, A has Life Estate on Exec.
  Lim.
• Be aware that there need to be two future
  interests
• One follows life estate
• One occurs if condition violated

13
DEFEASIBLE LIFE ESTATESTERMINOLOGY Book
p.123-24

• To A for life, but if A marries, then to B her
  heirs.
• Common Law Presumption B takes only if
  condition violated
• A has Life Estate on Executory Limitation
• B has Shifting Executory Interest
• Grantor retains Reversion

14
DEFEASIBLE LIFE ESTATESTERMINOLOGY My
Preference

• To A for life, but if A marries, then to B her
  heirs.
• When B takes is ambiguous (check circs)
• If B only has contingent remainder
• A has life estate on condition subsequent
• Grantor has both right of entry reversion

15
Vested Remainders Subject to Open

• The Rule of Convenience

16
The Rule of Convenience

• Once Someone in the Class Can Take Possession,
  Nobody New Can Be Added to the Class.

17
To Alex for Life, then to Bens Children Their
Heirs

• Ben Has 2 Children, Christina Drew
• They have VR subject to open.
• Alex dies
• 2 years later, Ben has new child, Ed.
• Class closes at As death
• C D share fee simple absolute
• E has nothing

18
To Alex for Life, then to Bens Children who turn
21 Their Heirs

• Ben Has 3 Children, Christina (24),Drew (22), Ed
  (16)
• C D have VR subject to open
• Alex dies, Ed is 18
• 2 years later, Ben has new child, Forton
• No new class members after As death , but E
  already in existence
• C D get fee simple subject to partial
  divestment
• E has executory interest gets f.s, if turns 21
• F gets nothing

19
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni. Ambiguities?

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

20
(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

21
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• R alive, to my heirs contingent remainder
• R dead, To my heirs vested remainder subject
  to divestment.

22
(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

23
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Ms interest cut off life estate?
• punishes S for early marriage
• discourages fortune hunters
• maybe concern w Stacy support for Marni
• no then to Marni
• BUT could have placed right after life estate
• Could check for other facts

24
(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

25
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Partial Restraint on Marriage
• Probably OK if only effects remainder (no harm to
  S)
• Check Ss age
• Not much effect if S is 33
• Bigger deal if S is 17
• If void, pencil out interest to M

26
(R) AMBIGUITIES

• R alive or dead?
• Ms interest intended to cut off life estate?
• Condition void?
• Today or At Common Law?

27
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• At Common Law Ms interest presumed to be in
  Life Estate
• Today Ms interest presumed to be in fee

28
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Example Condition void, Renee alive
• S Life Estate
• Rs Heirs Contingent Remainder
• R Reversion
• M Nothing

29
(R) Renee conveys to Stacy for life, then to my
heirs, but should Stacy marry before she turns
35, to Marni.

• Example Condition valid, cuts off life estate,
  Renee dead, today
• S Life Estate on Executory Limitation
• Rs Heirs Vested Remainder in f.s. subj to
  divestment
• M Shifting Executory Interest (in f.s.)

30
(S) Xaviera to Betsy if it continues to be used
as a house of prostitution, but if not, my heirs
can take it. Xaviera died, survived by no
children or spouse, but by her mother, Yvonne.
Xavieras will gave all property to Phil. Betsy
later closed the existing brothel and replaced it
with an ad agency.
31
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it. Ambiguities?

• Condition Valid/Effect of Invalidity
• Heirs take automatically v. must act
• Who is heir?
• Ad agency violate grant?

32
(S) Ambiguities?

• Condition Valid/Effect of Invalidity?
• Heirs take automatically v. must act
• Who is heir?
• Ad agency violate grant?

33
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it.

• Condition Valid/Effect of Invalidity
• Depends on jurisdiction (Nevada)
• If illegal, pencil out condition ? To Betsy
• Must be Today b/c of ad agency, so B would have
  fee simple absolute
• If valid, keep going

34
(S) Ambiguities?

• Condition Valid/Effect of Invalidity?
• Heirs take automatically v. must act
• Who is heir?
• Ad agency violate grant?

35
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it. automatically v. must act
36
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it. automatically v. must act

• continues sounds like time ? autom.
• two part grant ? must act
• my heirs can take it sounds like choice ? must
  act
• Presumption in favor of FSCS form ? must act

37
(S) Ambiguities?

• Condition Valid/Effect of Invalidity?
• Heirs take automatically v. must act
• Who is heir?
• Ad agency violate grant?

38
(S) Who is Heir?

• Xaviera died, survived by no children or spouse,
  but by her mother, Yvonne. Xavieras will gave
  all property to Phil.

39
(S) Who is Heir?

• Xaviera died, survived by no children or spouse,
  but by her mother, Yvonne. Xavieras will gave
  all property to Phil.
• Yvonne! (No Ambiguity)

40
(S) Ambiguities?

• Condition Valid/Effect of Invalidity?
• Heirs take automatically v. must act
• Who is heir?
• Ad agency violate grant? ?

41
(S) Xaviera to B if it continues to be used as a
house of prostitution, but if not, my heirs can
take it. Valid, Violated

• Autom. Yvonne has Fee Simple Absolute
• Must Act Yvonne still has executory interest
  must exercise (B retains FS on Exec. Limit.)

42
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. I leave
the rest of my property to B.

• Beatrice?

43
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. I leave
the rest of my property to B.

• Beatrice Life Estate
• Dolly?

44
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. I leave
the rest of my property to B.

• Beatrice Life Estate
• Dolly Contingent Remainder in L.E.
• Bs Heirs?

45
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. I leave
the rest of my property to B.

• Beatrice Life Estate
• Dolly Contingent Remainder in L.E.
• Bs Heirs Contingent Remainder in f.s.
  (unascertained)
• Other?

46
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. I leave
the rest of my property to B.

• Beatrice Life Estate
• Dolly Contingent Remainder in L.E.
• Bs Heirs Contingent Rem. in f.s.
• Reversion in A passes to B in will.

47
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. Residue
to B. B Dies D is 18

• What now? Check for Destructability Doctrine

48
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. Residue
to B. B Dies D is 18

• If Destructability Doctrine Applies
• Ds Remainder is Destroyed
• Remainder in Bs Heirs Becomes Fee Simple
  Absolute in Bs Heirs (D G H)

49
(T) A in will to B for life, then to D if she
turns 21 for life, then to Bs heirs. Residue
to B. B Dies D is 18

• If Destructability Doctrine Doesnt Apply
• Reversion becomes FS on Exec. Limitation
• Held by B Passes through will to IRC
• D has springing exec interest
• Remainder in Bs Heirs stays waits for end of
  Ds life

50
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35. C on land writes novels
does deals on phone.C dies J is not 35(VERY
HARD!!)
51
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35. AMBIGUITIES?

• Life Estate or Fee?
• Condition Violated by Writing/Deal-Making?
• When Does Js Interest Take Effect?
• Destructability Apply?

52
(U) AMBIGUITIES

• Life Estate or Fee?
• When Does Js Interest Take Effect?
• Condition Violated by Writing/Deal-Making?
• Destructability Apply?

53
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• Life Estate or Fee?

54
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• Life Estate or Fee?
• Presumption is fee simple
• Support and benefit sometimes life estate
• then clause on Js interest looks like a
  remainder.
• Helpful to have more facts about relationship
  between R and C.

55
(U) AMBIGUITIES

• Life Estate or Fee?
• Condition Violated by Writing/Deal-Making?
• When Does Js Interest Take Effect?
• Destructability Apply?

56
Not Used For Commercial Purposes Violated by
Writing/Dealmaking?
57
Not Used For Commercial Purposes Violated by
Writing/Dealmaking?

• Earning Livelihood
• Not Serving Customers or Interfering w Neighbors
• Probably Not Grantors Intent

58
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If Its A Fee?
• J has shifting executory interest
• Need a future interest to cover violation if J
  not 35 or if J dies before 35
• Possibility of Reverter in Rs heirs
• C maybe has FS Determinable on Exec. Limitation
• If violation, Rs Heirs take subj to Js Exec.
  Interest

59
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If Its A Life Estate?

60
(U) AMBIGUITIES

• Life Estate or Fee?
• Condition Violated by Writing/Deal-Making?
• When Does Js Interest Take Effect?
• Destructability Apply?

61
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If Js interest intended to both cut off life
  estate follow it, then executory interest
  contingent remainder, plus reversion in Rs
  heirs.
• Then if violation, Rs heirs take fs on exec lim.
  until J is 35
• If no violation, J has contingent remainder ( Rs
  heirs have reversion at Cs death

62
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If Js interest just intended to be a remainder?
• If violation, Rs heirs probably take in f.s.a.
• If no violation, J has contingent remainder Rs
  heirs have reversion at Cs death

63
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If J has contingent remainder Rs heirs have
  reversion at Cs death?

64
(U) AMBIGUITIES

• Life Estate or Fee?
• When Does Js Interest Take Effect?
• Condition Violated by Writing/Deal-Making?
• Destructability Apply?

65
(U) Rob to C for his support and benefit so
long as the property is not used for commercial
purposes, then to my nephew J and his heirs if J
reaches the age of 35.

• If J has contingent remainder Rs heirs have
  reversion at Cs death?
• If destructability Rs heirs have FSA
• If not, Rs heirs have FS on EL J has spring
  executory interest

66
FINAL TEST NOTES

• Lot of Repetition or Alteration of Old Qs
• Double-Check Room
• Arrive Early
• Bring Grading Pencils
• Read Carefully
• Positives Negatives
• Changes from Old Qs