Weekend Schedule

1
Weekend Schedule

• Class Saturday 900 a.m.-1020 a.m.
• Office Hours (Room 263)
• Saturday 11-2
• Sunday 2-430
• New on Course Page Comments Corrections on
  Wendell Book

2
PROBLEMS IJK

• featuring
• Blue People Group

3
O conveys "to J and her heirs so long as the
premises are not used for sale of beer, wine, or
liquor, and if beer, wine, or liquor is sold on
the premises, O retains a right to re-enter the
premises." J opens a restaurant that serves
several dishes cooked with wine or flamed with
brandy and at Sunday brunch offers a free glass
of cham- pagne. The restaurant is successful,
and 11 years after its opening D wants to buy it
and add a bar. Advise D.
4
PROBLEM I MULTI-STEP ANALYSIS

• FSD or FSCS?
• CONDITION VIOLATED?
• EFFECT OF VIOLATION?
• ADVICE RE PURCHASE

5
PROBLEM I MULTI-STEP ANALYSIS

• FSD or FSCS?
• CONDITION VIOLATED?
• EFFECT OF VIOLATION?
• ADVICE RE PURCHASE

6
(I) O To Julia and her heirs so long as the
premises are not used for sale of beer, wine, or
liquor, and if beer, wine, or liquor is sold on
the premises, Orrin retains a right to re-enter
the premises."

• Does Orrins interest vest automatically (FSD) or
  does he have to act (FSCS)?

7
(I) To Julia and her heirs so long as the
premises are not used for sale of beer, wine, or
liquor, and if beer, wine, or liquor is sold on
the premises Orrin retains a right to re-enter
the premises."

• Does interest vest automatically or does Orrin
  have to act?
• So long as suggests automatic
• Right to re-enter suggests needs to act
• Most states presumption that needs to act

8
PROBLEM I MULTI-STEP ANALYSIS

• FSD or FSCS?
• CONDITION VIOLATED?
• EFFECT OF VIOLATION?
• ADVICE RE PURCHASE

9
(I) O To J so long as premises are not used
for sale of beer, wine, or liquor, and if beer,
wine, or liquor is sold on ... premises O retains
a right to re-enter. DOES IT VIOLATE GRANT IF
Js restaurant(i) serves several dishes cooked
with wine or flamed with brandy? (ii) at Sunday
brunch offers complimentary glass of champagne?

10
PROBLEM I MULTI-STEP ANALYSIS

• FSD or FSCS?
• CONDITION VIOLATED?
• EFFECT OF VIOLATION?
• ADVICE RE PURCHASE

11
(i) To J so long as premises are not used
for sale of beer, wine, or liquor, and if beer,
wine, or liquor is sold on ... premises O retains
a right to re-enter. Js restaurant serves
dishes cooked with wine/brandy and offers
complimentary glass of champagne. IF
VIOLATION, RESULT? If O has Possibility of
Reverter? If O has Right of Entry?

12
PROBLEM I MULTI-STEP ANALYSIS

• FSD or FSCS?
• CONDITION VIOLATED?
• EFFECT OF VIOLATION?
• ADVICE RE PURCHASE

13
11 years after its opening Donald wants to buy
restaurant and add a bar. Advise Donald.

14
Plausible Advice to Donald Includes

• Buy both present estate and future interest
• Serve free liquor raise prices
• Make purchase contingent on J winning suit re
  adverse possession/waiver/etc.

15
EXECUTORY INTERESTS

• Future interest in grantee
• Cuts off prior vested interest rather than
  waiting for it to expire naturally.

16
Pre-1536 Limitations on Future Interests in
Grantees

• Must follow finite estate
• Must be capable of taking effect at the
  expiration of preceding estate
• Must not take effect before the expiration of the
  preceding estate

17
EXECUTORY INTERESTS

• Future interest in grantee
• Cuts off prior vested interest rather than
  waiting for it to expire naturally.
• Shifting Executory Interest cuts off another
  grantee

18
EXECUTORY INTERESTS

• Future interest in grantee
• Cuts off prior vested interest rather than
  waiting for it to expire naturally.
• Shifting Executory Interest cuts off another
  grantee
• Springing Executory Interest cuts off grantor

19
EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest To Justin his
  heirs so long as no tobacco is grown on the land,
  otherwise to Eric and his heirs.

20
EXECUTORY INTERESTS(EXAMPLES)

• Shifting Executory Interest To Justin his
  heirs so long as no tobacco is grown on the land,
  otherwise to Eric and his heirs.
• Springing Executory Interest To Crystal if
  she passes the California bar exam.

21
(F) 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?

22
(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?
  (Common Law)
• If contingency not met when prior estate ends,
  contingent remainder is destroyed.
• Betty has nothing.
• Reggie has fee simple absolute.

23
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT
REMAINDERS

• If contingency not met when prior estate ends,
  contingent remainder is destroyed

24
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT
REMAINDERS

• Overruled by statute or caselaw in every American
  jurisdiction except Florida

25
(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?
  (Modern View)
• If contingency not met when prior estate ends, we
  wait to see if it is met later.
• Bettys remainder becomes an executory interest.
• Reggie has fee simple on executory limitation

26
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• Veronica dies Betty is 17 (Modern View)

27
At Common Law v. Today
28
Default EstateAt Common Law v. Today

• Life Estate

• Fee Simple

29
to X and the Heirs of his BodyAt Common Law
v. Today

• Created a
• Traditional
• Fee Tail

• Traditional Fee Tail
• eliminated
• state statutes provide
• different results when
• this language used

30
Doctrine of Destructability of Contingent
RemaindersAt Common Law v. Today

• Applied
• everywhere

• Eliminated in all
• states except Florida

31
DOCTRINE OF DESTRUCTABILITY OF CONTINGENT
REMAINDERS(Second Common Application)

• Where there is a life estate, a contingent
  remainder, and a reversion, and the life estate
  and reversion merge into a fee simple, the
  contingent remainder is destroyed

32
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• Veronica buys Rs reversion
• (Destructability)

33
(F) Reggie to Veronica for life, then to Betty
and her heirs if Betty attains the age of 21.

• Veronica buys Rs reversion (Modern View)

34
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda?

35
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda Life Estate
• Ted?

36
(J)Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda Life Estate
• Ted? Contingent Remainder (in f.s.)
• Other?

37
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Mary a proper funeral."

• Rhoda Life Estate
• Ted? Contingent Remainder (in f.s.)
• Mary Reversion

38
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."

• Rhoda Life Estate
• What difference does change make?

39
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."

• Rhoda Life Estate
• What difference does change make?
• Ted cant possibly give Rhoda a proper funeral by
  the time Rhoda dies. Thus, Teds interest cannot
  be a remainder there will be a gap between the
  end of the life estate and Teds interest. So
  Ted has ?

40
(J) Mary "to Rhoda for life, then to Ted if Ted
gives Rhoda a proper funeral."

• Rhoda Life Estate
• Mary Reversion
• Ted Springing Executory Interest (in f.s.)

41
EXAM TIP USE COMMON SENSE!!

• Cant give a proper funeral to a person until
  after death

42
EXAM TIP USE COMMON SENSE!!

• Cant give a proper funeral to a person until
  after death.
• If an interest is conveyed in a will, the grantor
  is dead.

43
(K) To George for life, then to Kramer and his
heirs but if Kramer does not attain the age of
21, then to Elaine and her heirs." Kramer is 15
years old.

• George?

44
(K) To George for life, then to Kramer and his
heirs but if Kramer does not attain the age of
21, then to Elaine and her heirs." Kramer is 15
years old.

• George Life Estate
• Kramer?

45
(K) To George for life, then to Kramer and his
heirs but if Kramer does not attain the age of
21, then to Elaine and her heirs." Kramer is 15
years old.

• George Life Estate
• Kramer Vested Remainder (in f.s.) subject to
  divestment
• Elaine?

46
(K) To George for life, then to Kramer and his
heirs but if Kramer does not attain the age of
21, then to Elaine and her heirs." Kramer is 15
years old.

• George Life Estate
• Kramer Vested Remainder (in f.s.) subject to
  divestment
• Elaine Shifting executory interest (in f.s.)

47
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT
TO DIVESTMENT

• (1) To A for life, then to B her heirs if she
  turns 21, but if B dies before 21, then to C and
  his heirs.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.

48
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT
TO DIVESTMENT

• (1) To A for life, then to B her heirs if she
  turns 21, but if B dies before 21, then to C and
  his heirs.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• A alive B dies at 17
• (12) B gets 0 C gets fee simple at As death

49
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT
TO DIVESTMENT

• (1) To A for life, then to B her heirs if she
  turns 21, but if B dies before 21, then to C and
  his heirs.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• A alive B dies at 17 B gets 0 C gets fee
  simple at As death
• A alive B turns 21
• (12) B has vested remainder Cs interest
  fails

50
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT
TO DIVESTMENT

• (1) To A for life, then to B her heirs if she
  turns 21, but if B dies before 21, then to C and
  his heirs.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• A dies B is 17
• (1) Grantor has fee simple on executory
  limitation B C have springing executory
  interests.

51
CONTINGENT REMAINDER v. VESTED REMAINDER SUBJECT
TO DIVESTMENT

• (1) To A for life, then to B her heirs if she
  turns 21, but if B dies before 21, then to C and
  his heirs.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• A dies B is 17
• (1) Grantor has fee simple on executory
  limitation B C have springing executory
  interests.
• (2) B has fee simple on executory limitation C
  has shifting executory interest.

52
VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED
REMAINDER IN FEE SIMPLE ON EXECUTORY LIMITATION

• To A for life, then to B her heirs, but if B
  dies before turning 21, then to C his heirs.
• Condition can occur before B obtains possession.

53
VESTED REMAINDER SUBJECT TO DIVESTMENT v. VESTED
REMAINDER IN FEE SIMPLE ON EXECUTORY LIMITATION

• To A for life, then to B her heirs, but if B
  dies before 21, then to C his heirs.
• Condition can occur before B obtains possession.
• To A for life, then to B her heirs, but if B
  ever uses the land for commercial purposes, to C
  his heirs.
• Condition cannot occur before B obtains
  possession.

54
COMMON MISTAKES

• Contingent Remainder Subject to Open
• Contingent Remainder Subject to Divestment
• Executory Interest Subject to Divestment

55
COMMON MISTAKES

• Contingent Remainder Subject to Open
• Contingent Remainder Subject to Divestment
• Executory Interest Subject to Divestment

56
PROBLEMS LMN

• featuring
• The Return of Red

57
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs." Tweety has 2 children, Heckle and
Jeckle.

• Tweety?

58
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs." Tweety has 2 children, Heckle and
Jeckle.

• Tweety Life Estate
• Tweetys Children?

59
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs." Tweety has 2 children, Heckle and
Jeckle.

• Tweety Life Estate
• Tweetys Children Contingent remainders (in
  f.s.)
• (must survive Tweety)
• Peggy?

60
ALTERNATIVE CONTINGENT REMAINDERS

• Two contingent remainders for which the event
  that causes each one to vest will destroy the
  other.

61
ALTERNATIVE CONTINGENT REMAINDERS

• Two contingent remainders for which the event
  that causes each one to vest will destroy the
  other.
• Here, either (1) Tweety will be survived by
  children (who would then take) or (2) he wont
  (Peggy takes)
• These are the only two possibilities.

62
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs." Tweety has 2 children, Heckle and
Jeckle.

• Tweety Life Estate
• Tweetys Children Contingent remainders (in
  f.s.)
• (must survive Tweety)
• Peggy Alternative contingent remainder (in f.s.)
• Other?

63
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs." Tweety has 2 children, Heckle and
Jeckle.

• Tweety Life Estate
• Heckle/Jeckle Contingent remainders (in f.s.)
• (must survive Tweety)
• Peggy Alternative contingent remainder (in f.s.)
• Daffy Reversion (even when Alternate contingent
  remainders)

64
(L) Daffy "to Tweety for life, then to such of
Tweety's children as survive him, but if none of
Tweety's children survives him, then to Peggy and
her heirs."

• Tweety Life Estate
• Heckle/Jeckle Contingent remainders (in f.s.)
• (must survive Tweety)
• Peggy Alternative contingent remainder (in f.s.)
• Daffy Reversion

65
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has no children.

• Billy?

66
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has no children.

• Billy Life Estate
• Billys children?

67
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has no children.

• Billy Life Estate
• Billys children Contingent remainder (in f.s.)
• (unborn)
• Jo?

68
ALTERNATIVE CONTINGENT REMAINDERS

• Two contingent remainders for which the event
  that causes each one to vest will destroy the
  other.

69
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs."

• When does contingent remainder in children vest?

70
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs."

• Contingent remainder in children vests when a
  child is born.
• When does contingent remainder in Jo vest?

71
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs."

• Contingent remainder in children vests when a
  child is born.
• Contingent remainder in Jo vests when Billy dies
  survived by no children.
• Is the interest in Jo destroyed when the interest
  in the children vests?

72
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has no children.

• Billy Life Estate
• Billys children Contingent remainder (in f.s.)
• Jo Contingent remainder (in f.s.)
• (Not alternate)
• Anything else?

73
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has no children.

• Billy Life Estate
• Billys children Contingent remainder (in f.s.)
• Jo Contingent remainder (in f.s.)
• (Not alternate)
• Amanda Reversion

74
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs."

• Billy Life Estate
• Billys children Contingent remainder (in f.s.)
• Jo Contingent remainder (in f.s.)
• (Not alternate)
• Amanda Reversion
• Billy has child, Sydney. Effect?

75
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has child, Sydney.

• Billy Life Estate
• Sydney?

76
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has child, Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.), subject to
  open, subject to divestment. (Contingent
  remainder vests)
• Jo?

77
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has child, Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.), subject to
  open, subject to divestment.
• Jo Shifting Executory Interest (in f.s.)
• Amanda?

78
(M) Amanda "to Billy for life, then to Billy's
children and their heirs, but if at Billy's death
he is not survived by any children, then to Jo
and her heirs." Billy has child, Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.), subject to
  open, subject to divestment.
• Jo Shifting Executory Interest (in f.s.)
• Amanda Nothing (reversion divested)