PROBLEMS AD

1
PROBLEMS A-D

• Featuring the Mangos
• HutzlerGottLiebowitzJMason
• Sarinsky

2
(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?

3
(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?

4
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie ?

5
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie Life Estate
• Burt ?

6
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)

• Ernie Life Estate
• Burt Vested Remainder in Life Estate

7
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
8
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Who owns the last piece?
9
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Kermit has a reversion (in frog green!) Ernie
dies?
10
(B) Kermit to Ernie for life, then to Burt
forever. (Common Law)
Kermit has a reversion Ernie dies? Burt has life
estate. Burt dies?
11
(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
12
(B) Kermit to Ernie for life, then to Burt
forever. (Today)

• Ernie Life Estate
• Burt ?

13
(B) Kermit to Ernie for life, then to Burt
forever. (Today)

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

14
(B) Kermit to Ernie for life, then to Burt
forever. (Today)

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

15
(B) Kermit to Ernie for life, then to Burt
forever. (Today)
Ernie dies?
16
(B) Kermit to Ernie for life, then to Burt
forever. (Today)
Ernie dies? Burt takes a fee simple
absolute. Burt dies?
17
(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.
18
(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester ?

19
(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester Life Estate
• Bugs?

20
(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Sylvester Life Estate
• Bugs Vested Remainder in Fee Simple

21
(C) Elmer to Sylvester for life, then to Bugs
and his heirs.

• Bugs dies intestate without heirs. Impact?

22
(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?

23
(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.

24
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie ?

25
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

• Minnie Life Estate
• Pluto?

26
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

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

27
(D) Mickey to Minnie for life, then to Pluto
for 99 years.

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

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PROBLEMS E,G,F

• featuring the
• Poincianas
• (Return to Problem H after Mahrenholz)

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

• Bernie?

30
(E) Derek to Bernie for life, then to Jorge for
life, then to Roger and his heirs.

• Bernie Life Estate
• Jorge?

31
(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?

32
(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

33
(G) To my only son, Larry, for life, then to
Larry's children and their heirs." Larry has two
children, Moe and Curly.

• Larry?

34
(G) To my only son, Larry, for life, then to
Larry's children and their heirs." Larry has two
children, Moe and Curly.

• Larry Life Estate
• Moe Curly?

35
(G) To my only son, Larry, for life, then to
Larry's children and their heirs." Larry has two
children, Moe and Curly.

• Larry Life Estate
• Moe Curly Vested Remainders
• (in F.S.) Subject to Open
• Larry has another child, Stella. Stella has?

36
(G) To my only son, Larry, for life, then to
Larry's children and their heirs.

• Larry Life Estate
• Moe Curly Stella Vested Remainders (in
  F.S.) Subject to Open
• Curly (C) dies, leaving his wife, Noreen, and a
  child, Orrin C's will devises all property to
  Noreen. What happens to Cs interest?

37
(G) To my only son, Larry, for life, then to
Larry's children and their heirs."

• Larry Life Estate
• Moe Noreen Stella Vested Remainders (in
  F.S.) Subject to Open
• Larry dies. State of the title?

38
(G) To my only son, Larry, for life, then to
Larry's children and their heirs."

• Larry dies. State of the title?
• Moe Noreen Stella share fee simple absolute
  (tenants in common).

39
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.
Betty is 15.

• Veronica ?

40
(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?

41
(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 F.S.
• What happens if Betty dies at 17?

42
(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?

43
(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.

44
(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?

45
(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 f.s.
• Reggies reversion divests, leaving him with
  nothing.

46
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• What happens if Veronica dies when Betty is 17?

47
THE READY BETTY JOKE
48
DEFEASIBLE FEES
49
DEFEASIBLE FEESRestatement Terms

• FEE SIMPLE DETERMINABLE
• FEE SIMPLE ON CONDITION SUBSEQUENT
• FEE SIMPLE ON EXECUTORY LIMITATION

50
FEE SIMPLE DETERMINABLE

• OPERATION Self-Executing

51
FEE SIMPLE DETERMINABLE

• OPERATION Self-Executing
• KEY LANGUAGE So long as, While, Until

52
FEE SIMPLE DETERMINABLE

• OPERATION Self-Executing
• KEY LANGUAGE So long as, While, Until
• FUTURE INTEREST Possibility of Reverter (in
  GRANTOR)

53
FEE SIMPLE DETERMINABLE

• EXAMPLE To Estelle and her heirs so long as
  asparagus is not grown on the property.

54
(No Transcript)
55
FEE SIMPLE ON CONDITION SUBSEQUENT

• OPERATION Grantor must act

56
FEE SIMPLE ON CONDITION SUBSEQUENT

• OPERATION Grantor must act
• KEY LANGUAGE
• But if, provided that if, on condition that
  if PLUS
• O may reenter and reclaim the land

57
FEE SIMPLE ON CONDITION SUBSEQUENT

• OPERATION Grantor must act
• KEY LANGUAGE But if, provided that if, on
  condition that if PLUS O may reenter and
  reclaim the land
• FUTURE INTEREST Right of ReEntry (in
  GRANTOR)

58
FEE SIMPLE ON CONDITION SUBSEQUENT

• EXAMPLE To Estelle and her heirs, but if
  asparagus is grown on the property, I can reenter
  and claim the land

59
(No Transcript)
60
FEE SIMPLE ON EXECUTORY LIMITATION

• OPERATION Either self-executing or grantee has
  to act.

61
Warning Inconsistency

• Textbook says Fee Simple on Executory Limitation
  terminates automatically (P580)
• For our purposes, assume that sometimes, a Fee
  Simple on Executory Limitation can operate like a
  Fee Simple on Condition Subsequent
• To Sonny his heirs, but if Sonny ever runs for
  Congress, Cher may enter and take the land.

62
FEE SIMPLE ON EXECUTORY LIMITATION

• OPERATION Either self-executing or grantee has
  to act.
• KEY LANGUAGE Creates interest in 3d party if
  condition violated

63
FEE SIMPLE ON EXECUTORY LIMITATION

• OPERATION Either self-executing or grantee has
  to act.
• KEY LANGUAGE Creates interest in 3d party if
  condition violated
• FUTURE INTEREST Executory Interest (in 3d
  party grantee)

64
FEE SIMPLE ON EXECUTORY LIMITATION EXAMPLES

• To Estelle and her heirs so long as asparagus is
  not grown on the property, otherwise to Bob

65
FEE SIMPLE ON EXECUTORY LIMITATION EXAMPLES

• To Estelle and her heirs so long as asparagus is
  not grown on the property, otherwise to Bob
• To Estelle and her heirs, but if asparagus is
  grown on the property, Bob can reenter and claim
  the land

66
DEFEASIBLE FEES Restatement Terms

• FEE SIMPLE DETERMINABLE (to grantor
  automatic)
• F.S. ON CONDITION SUBSEQUENT (to grantor must
  act)
• F.S. ON EXECUTORY LIMITATION (to grantee either
  way)

67
Accessorizing Defeasible Fees Matching Future
Interests
FEE SIMPLE DETERMINABLE POSSIBILITY OF
REVERTER F.S. ON CONDITION SUBSEQUENT RIGHT OF
ENTRY F.S. ON EXECUTORY LIMITATION EXECUTORY
INTEREST
68
Mahrenholz v. County BoardDQs 97-100 Royal
Palm
69
IGNORE THE JACQMAINS

• Delete last paragraph on P581.
• Delete last complete paragraph on P582.
• Pretend you never heard of the Jacqmains.

70
Mahrenholz v. County Board MAJOR EVENTS

• 3/51 Grant to SD1
• 2/69 Mrs.H dies intestate HH sole heir
• 5/73 Property used for storage only
• 5/77 HH conveys interest to Ms
• 9/77 HH releases interest to SD1

71
Mahrenholz v. County Board MAJOR EVENTS FSD PR

• 3/51 Grant to SD1 SD-FSD Hs-PR
• 2/69 Mrs.H dies intestate HH sole heir?
• 5/73 Property used for storage only
• 5/77 HH conveys interest to Ms
• 9/77 HH releases interest to SD1

72
Mahrenholz v. County Board MAJOR EVENTS FSD PR

• 2/69 Mrs.H dies intestate HH sole heir SD-FSD
  HH-PR
• 5/73 Property used for storage only?
• (2 Possibilities Violation or Not)
• 5/77 HH conveys interest to Ms
• 9/77 HH releases interest to SD1

73
Mahrenholz v. County Board MAJOR EVENTS FSD
PR2/69 SD-FSD HH-PR

• GRANT VIOLATED
• HH-FEE SIMPLE ABSOLUTE
• 5/77 HH --gt Ms?

• NO VIOLATION
• SD-FSD HH-PR
• 5/77 HH --gt Ms?

74
Mahrenholz v. County Board MAJOR EVENTS FSD PR

• GRANT VIOLATED
• HH-FS ABSOLUTE
• 5/77 HH --gt Ms?
• Ms-FS Absolute
• 9/77 HH release to SD?

• NO VIOLATION
• SD-FSD HH-PR5/77 HH --gt Ms?
• SD-FSD HH-PR
• 9/77 HH release to SD?

75
Mahrenholz v. County Board MAJOR EVENTS FSD PR

• GRANT VIOLATED
• Ms-FS Absolute
• 9/77 HH release to SD?
• Ms - FS Absolute

• NO VIOLATION
• SD-FSD HH-PR
• 9/77 HH release to SD?
• SD - FS Absolute

76
Mahrenholz v. County Board MAJOR EVENTS FSCS
RE

• 3/51 Grant to SD1 SD-FSCS Hs-RE
• 2/69 Mrs.H dies intestate HH sole heir?
• 5/73 Property used for storage only
• 5/77 HH conveys interest to Ms
• 9/77 HH releases interest to SD1

77
Mahrenholz v. County Board MAJOR EVENTS FSCS
RE

• 2/69 Mrs.H dies intestate HH sole heir SD-FSCS
  HH-RE
• 5/73 Property used for storage only?
• (2 Possibilities Violation or Not)
• 5/77 HH conveys interest to Ms
• 9/77 HH releases interest to SD1

78
Mahrenholz v. County Board MAJOR EVENTS FSCS
RE2/69 SD-FSCS HH-RE

• GRANT VIOLATED
• SD-FSCS HH-RE5/77 HH --gt Ms?

• NO VIOLATION
• SD-FSCS HH-RE5/77 HH --gt Ms?

79
Mahrenholz v. County Board MAJOR EVENTS FSCS RE

• GRANT VIOLATED
• SD-FSCS HH-RE
• 5/77 HH --gt Ms?
• SD-FSCS HH-RE
• 9/77 HH release to SD?

• NO VIOLATION
• SD-FSCS HH-RE 5/77 HH --gt Ms?
• SD-FSCS HH-RE
• 9/77 HH release to SD?

80
Mahrenholz v. County Board MAJOR EVENTS FSCS RE

• GRANT VIOLATED
• SD-FSCS HH-RE
• 9/77 HH release to SD?
• SD - FS Absolute

• NO VIOLATION
• SD-FSCS HH-RE
• 9/77 HH release to SD?
• SD - FS Absolute

81
Mahrenholz Summary of Possibilities
82
Mahrenholz v. County Board DQs 98-101
Distinguishing Fee Simple Determinable from Fee
Simple on Condition Subsequent
83
Mahrenholz v. County Board The court says
(P583) The type of interest held governs the
mode of reinvestment with title if reinvestment
is to occur.DQ98. What does the court mean by
reinvestment ?
84
DQ99 (P584) In Northwestern Univ. , a
convey-ance was made upon the express condition
that said Wesley Hospital shall erect a hospital
building on said lot and that on the failure of
said Wesley Hos-pital to carry out these
conditions the title shall revert to Northwestern
University. This language cannot be interpreted
as creating anything but a fee simple subject to
a condition subsequent WHY?