Revised Schedule

1
Revised Schedule

• TUE 11/1 800-920
• WED 11/2 800-1000
• THU 11/3 800-920
• SAT 11/5 900-1020
• MON 11/7 800-1000 (Review)
• TUE 11/8 800-910 (Exam)

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Correction for Tomorrows Reading

• Section on Vested Remainders Subject to Open is
  (W138-42)

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WHITE v. BROWN
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DQ1 The White majority states that the free
alienation of property is one of the most
significant incidents of fee ownership. Why is
it significant?
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DQ2The White majority complains that the words
chosen by the testatrix are not specific enough
to clearly state her intent."
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What do you think Jessie Lides intent is?

• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.

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Why does the majority have problems discerning
Jessie Lides intent?
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I wish Evelyn White to have my home to live in
and not to be sold. Possible Characterizations

• Fee Simple
• Life Estate
• Conditional Fee
• So long as not sold
• So long as E lives there
• Conditional Life Estate

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DQ3 WHAT ARE THE MAJORITYS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A FEE SIMPLE?

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MAJORITY ARGUMENTS(FEE SIMPLE)

• Presumption that grant conveys whole estate
• No gift over
• Partial intestacy disfavored

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DQ3 WHAT ARE THE DISSENTS ARGUMENTSTHAT MS.
LIDE INTENDED TO CREATE A LIFE ESTATE?

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DISSENT ARGUMENTS(LIFE ESTATE)

• Grantor limited power to dispose
• Grant says to live in
• No limits in gift to niece

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• I wish Evelyn White to have my home to live in
  and not to be sold. I also leave my personal
  property to Sandra White Perry. My house is not
  to be sold.
• Whose Arguments Seem Stronger?

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HOLDING OF WHITE v. BROWN

• The Property Can Be Sold!!!

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DQ4What additional facts might add weight to
the majority opinion?To the dissent?
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PROBLEMS A-F

• Featuring Group Orange

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(A) O conveys Baconacre "to Mayer and her
heirs."

• Mayer's only child, Armour, runs up large bills.
  Can Armour's creditors reach any interest of
  Armour in Baconacre?

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(A) O conveys Baconacre "to Mayer and her
heirs."

• Mayer wishes to sell Baconacre and use the
  proceeds to take a trip around the world. Can
  Armour prevent Mayer from doing this?

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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie ?

20
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie Life Estate
• Burt ?

21
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate

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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Who owns the last piece?
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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Kermit has a reversion (in frog green!) Ernie
dies?
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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Kermit has a reversion Ernie dies? Burt has life
estate. Burt dies?
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(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Kermit has a reversion Ernie dies? Burt has life
estate. Burt dies? Kermit or Kermits heirs
have fee simple
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(B) Kermit to Ernie for life, then to Burt
forever. (Today)

• Ernie Life Estate
• Burt ?

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(B) Kermit to Ernie for life, then to Burt
forever. (Today)

• Ernie Life Estate
• Burt Vested Remainder
• in Fee Simple
• Kermit?

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(B) Kermit to Ernie for life, then to Burt
forever. (Today)

• Ernie Life Estate
• Burt Vested Remainder in Fee Simple
• Kermit Nothing

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(B) Kermit to Ernie for life, then to Burt
forever. (Today)
Ernie dies?
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(B) Kermit to Ernie for life, then to Burt
forever. (Today)
Ernie dies? Burt takes a fee simple
absolute. Burt dies?
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(B) Kermit to Ernie for life, then to Burt
forever. (Today)
Ernie dies? Burt takes a fee simple
absolute. Burt dies? Property passes by will or
through intestacy.
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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester ?

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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester Life Estate
• Bugs?

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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester Life Estate
• Bugs Vested Remainder in Fee Simple

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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Bugs dies intestate without heirs. Impact?

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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Bugs dies intestate without heirs.
• Vested remainder passes to the state.
• Sylvester dies. Effect?

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(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Bugs dies intestate without heirs.
• Vested remainder passes to the state.
• Sylvester dies.
• State has a fee simple absolute.

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(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie ?

40
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie Life Estate
• Pluto?

41
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Anything Else?

42
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie Life Estate
• Pluto Vested Remainder in Term of Years.
• Mickey Reversion (to his heirs or devisees)

43
(E) Derek to Bernie for life, then to Jorge for
life, then to Roger and his heirs.

• Bernie?

44
(E) Derek to Bernie for life, then to Jorge for
life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge?

45
(E) Derek to Bernie for life, then to Jorge for
life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge Vested Remainder in Life Estate
• Roger?

46
(E) Derek to Bernie for life, then to Jorge for
life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge Vested Remainder in Life Estate
• Roger Vested Remainder in Fee Simple

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(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• Veronica ?

48
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• Veronica Life Estate
• Betty?

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(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• Veronica Life Estate
• Betty Contingent Remainder in Fee Simple
• What happens if Betty dies at 17?

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(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• What happens if Betty dies at 17?
• No instructions. What happens when a grantor
  does not fully dispose of the property in all
  possible scenarios?

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(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• If a grantor does not fully dispose of the
  property, we assume he kept the parts not
  mentioned for himself. Here, Reggie has a
  reversion. If Betty dies before turning 21,
  Reggie or his designees will get the property in
  fee simple when Veronica dies.

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

• What if Betty turns 21 while Veronica is alive?

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

• Bettys contingent remainder vests leaving her
  with a vested remainder in fee simple.
• Reggies reversion divests, leaving him with
  nothing.

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(6F) 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?

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DEFEASIBLE FEES
v. CONTINGENT REMAINDERS
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• DEFEASIBLE FEES
• PRESENT INTEREST IS FEE

• CONTINGENT
• REMAINDERS
• PRESENT INTEREST IS FINITE

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• DEFEASIBLE FEES
• PRESENT INTEREST IS FEE
• PRESENT ESTATE CUT OFF IF CONDITION MET

• CONTINGENT
• REMAINDERS
• PRESENT INTEREST IS FINITE
• PRESENT ESTATE TERMINATES NATURALLY

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• DEFEASIBLE FEES
• PRESENT INTEREST IS FEE
• PRESENT ESTATE CUT OFF IF CONDITION MET
• FUTURE INTEREST IN EITHER GRANTOR OR GRANTEE

• CONTINGENT
• REMAINDERS
• PRESENT INTEREST IS FINITE
• PRESENT ESTATE TERMINATES NATURALLY
• REMAINDER IN GRANTEE PLUS REVERSION IN GRANTOR

59
Pepe grants Tealacre to Rory and his heirs, but
if Totie loses 100 pounds, she may enter and
retake the land.(Fee Simple on Executory
Limitation Executory Interest)

• Pepe grants Tealacre to Rory for life, then to
  Totie if she loses 100 pounds.
• (Life Estate Contingent Remainder)

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THE READY BETTY JOKE