PROPERTY%20D%20SLIDES

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PROPERTY D SLIDES

• 3-17-14

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Monday March 17 Music Albéniz, IberiaAlicia
Delarrocha, Pianist 2009 Re-recording of Grammy
Winner for 1974for Best Classical Performance
without Orchestra

• Name the Musical Group
• 1st Billboard 1 Hit in 1958
• Won 5 Grammys Nominated for 8 More
• Featured in Major Studio Motion Picture in 2011

Monday Pop Culture QUIZ
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Monday Pop Culture QUIZ

• Name the Musical Group
• 1st Billboard 1 Hit in 1958
• Won 5 Grammys Nominated for 8 More
• Featured in Major Studio Motion Picture in 2011

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Monday Pop Culture QUIZ

• Name the Musical Group
• 1st Billboard 1 Hit in 1958
• Won 5 Grammys Nominated for 8 More
• Featured in Motion Picture in 2011

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Pop Culture Update

• Me on 3/3
• Top Model Under the Guns
• From Caracas to Kabul to Kiev, Our Aspiring
  Models Bring Fashion to the Worlds War Zones

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Pop Culture Update

• Me on 3/3 Top Model Under the Guns
• From Caracas to Kabul to Kiev, Our Aspiring
  Models Bring Fashion to the Worlds War Zones
• Miami Herald on 3/9 Miami Company Takes Golfers
  Into Danger Zones
• You can play golf in Kabul on Afghanistans only
  course, protected by a professional security team
  --

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You Cant Make This Stuff Up

• Me on 3/3 Top Model Under the Guns
• From Caracas to Kabul to Kiev, Our Aspiring
  Models Bring Fashion to the Worlds War Zones
• Miami Herald on 3/9 Miami Company Takes Golfers
  Into Danger Zones
• You can play golf in Kabul on Afghanistans only
  course, protected by a professional security team
  --
• for only 40,000 to 80,000 for a five-day
  excursion.

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LOGISTICS Chapter 4 Test Prep

• Wednesday
• Make-up class here at usual time.
• I will post additional sample Qs/tests answers
  after class.
• Thursday Sunday
• Extra Office Hours Each Day (See Course Page
  My Door)
• Ill Answer E-Mail Qs Sent Before Sunday _at_ 700
  pm
• Next Monday Test Here 800-910 am (Be Early!!!)
• Have Multiple 2 Pencils
• Bring Anonymous Grading Number (Available
  Online)
• Address Concerns (re Illness, Lateness, Problems
  in Room etc.) to Registrar or Dean of Students
  (NOT TO ME!!!)

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LOGISTICS Review Problems 4R-4W

• Messy Old Exam Qs from Long Ago in a Galaxy Far
  Far Away (Before I Used Mid-Semester Test)
• In Class Tuesday Wednesday, Well Do 4R-4U
• Identify Key Ambiguities/Questions, Then Work
  Through Some Possible Scenarios (Like Problem 4O
  Today)
• Get As Far As We Can Before 900 AM Wednesday
• I Will Post All Slides I Have on 4R-4U Even If We
  Dont Get to Them
• After class Wednesday, Ill Post Memo with Some
  Additional Follow-Through and Write-ups of 4V and
  4W

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LOGISTICS Going Forward

• Comments Best Answers to All Posted Old Exam Qs
  Available on Course Page
• Chapter 5 Adverse Possession
• Supplement, Syllabus, Assignments on Course Page
• Well Begin Classroom Work at 900 am Wednesday
• Organized by Elements of Claim (Not by Case)
• Four Primary Cases
• Need to Read for Plot by Thursday
• Reread as Needed for Discussions of Individual
  Elements

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QUICK WARM-UP/REVIEW 1Remainders Executory
Interests

• Basics
• Reversion v. Remainder
• Vested v. Contingent Remainder
• Remainders in
• Remainder v. Executory Interest
• Shifting v. Springing Executory Interests

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WARM-UP/REVIEW 1Remainders Executory
Interests Basics

• Reversion v. Remainder
• REVERSION Future interest implicitly retained
  by grantor when s/he conveys a finite estate
  without indicating who will have rights when it
  expires.
• REMAINDER Future interest in a third party that
  follows naturally upon the termination of a
  finite estate. It is always expressly conveyed
  by the grantor.

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WARM-UP/REVIEW 1Remainders Executory
Interests Basics

• Vested v. Contingent Remainder
• VESTED IF
• Grantee is living ascertainable person AND
• Clause creating the remainder contains no
  condition on grantee taking the property except
  expiration of prior estate
• CONTINGENT IF
• Grantee is presently unborn or unascertainable
  OR
• Clause creating the remainder contains a
  condition on grantee taking the property

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WARM-UP/REVIEW 1Remainders Executory
Interests Basics

• Remainders in
• To Fred for life, then to Wilma for life.
• Wilma has a vested remainder in life estate.
• To Fred for life, then to Wilma and her heirs if
  Dino survives Fred.
• Wilma has a contingent remainder in fee
  simple absolute.

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WARM-UP/REVIEW 1Remainders Executory
Interests Basics

• Remainder v. Executory Interest
• REMAINDER Future interest in a grantee that
  follows naturally upon the termination of a
  finite estate. It is always expressly conveyed
  by the grantor.
• EXECUTORY INTEREST Future interest in a grantee
  that cuts off a prior vested interest (present
  estate or reversion or vested remainder) rather
  than waiting for it to expire naturally.

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WARM-UP/REVIEW 1Remainders Executory
Interests Basics

• Shifting v. Springing Executory Interest
• Shifting Executory Interest cuts off interest of
  another grantee.
• Springing Executory Interest cuts off grantors
  fee simple or reversion.

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WARM-UP/REVIEW 1Remainders Executory Interests

• More Advanced
• Alternative Contingent Remainders
• Vested Remainders Subject to Open
• Vested Remainders Subject to Divestment
• Problems 4L-4N

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Alternative Contingent Remainder
• Two contingent remainders where the event that
  causes one to vest will destroy the other.
• Convention is that, where these are created, you
  always pencil in a reversion (even if it seems
  impossible that it will ever become possessory).

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Alternative Contingent Remainder
• Two contingent remainders where the event that
  causes one to vest will destroy the other.
  Always pencil in a reversion.
• Example Jordan To Kevin for life, then to
  Katherine and her heirs if she graduates from law
  school, but if she never graduates from law
  school, then to Sofia and her heirs.
• Kevin has Life Estate
• Katherine Sofia each have an Alternate
  Contingent Remainder (in F.S.)
• Jordan retains a Reversion

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Alternative Contingent Remainder
• Example Jordan To Kevin for life, then to
  Katherine and her heirs if she graduates from law
  school, but if she never graduates from law
  school, then to Sofia and her heirs.
• What happens if Kevin dies Katherine is alive
  but has not yet graduated from law school?

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Alternative Contingent Remainder
• Jordan To Kevin for life, then to Katherine and
  her heirs if she graduates from law school, but
  if she never graduates from law school, then to
  Sofia and her heirs.
• Kevin dies Katherine alive, hasnt graduated.
• Jordans Reversion ? Fee Simple
• If Destructability applies, both remainders
  destroyed, so J has FS Absolute.
• If no Destructibility
• Both remainders become executory interests
• Jordan has FS on Executory Limitation

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Vested Remainder Subject to Open
• Remainder
• given to a class of recipients (as opposed to
  specifically named individuals),
• at least one of whom has qualified for the class,
• where other individuals could qualify for the
  class later.
• Example (4G) To Larry for life, then to Larry's
  children and their heirs. Larry has two living
  children.

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WARM-UP/REVIEW 1 Remainders Executory
Interests More Advanced

• Vested Remainder Subject to Divestment
• Vested Remainder followed by an Executory
  Interest that could cut the VR off before it
  becomes possessory.
• Example (4K) 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.
• Questions Before Moving on to New Material?

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Vested Remainder Subject to Divestment (1)
v.Vested Remainder in F.S. subj. to Exec. Lim.
(2)

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

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Vested Remainder Subject to Divestment (1)
v.Vested Remainder in F.S. subj. to Exec. Lim.
(2)

• (1) To A for life, then to B her heirs, but if
  B dies before turning 21, then to C his heirs.
• Condition might occur before B takes possession.
• (2) To A for life, then to B her heirs, but if
  B ever uses the land for commercial purposes, to
  C his heirs.
• Condition is a limit on Bs use of the land and
  cannot occur before B takes possession.

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TERMINOLOGY ME v. WORKBOOK

• To A for life, then to B her heirs, but if B
  dies before turning 21, then to C his heirs.
• Condition might occur before B takes possession,
  but also might occur after.
• WORKBOOK (p93) Vested Remainder Subject to
  Divestment in Fee Simple on Executory Limitation.
  
• ME Phrase in italics is accurate but
  unnecessary. In multiple choice answers, I will
  simply call this interest a Vested Remainder
  Subject to Divestment (as long as it might occur
  before possession).

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CORRECTION TO WORKBOOK (Problem 9-11)

• O to A for life, then to B, but if B ever allows
  A to be moved into a nursing home, then to C
• Condition must occur, if at all, while A is
  alive, thus before B gets possession.
• Presumably (considering grantors likely intent),
  it would not violate the condition for B to allow
  someone to carry As corpse into a nursing home.
  (!)

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CORRECTION TO WORKBOOK (Problem 9-11)

• O to A for life, then to B, but if B ever allows
  A to be moved into a nursing home, then to C
• Condition must occur, if at all, while A is
  alive, thus before B gets possession.
• B will eventually get either nothing or a fee
  simple absolute (assuming today)
• B has a vested remainder subject to divestment
• (in Fee Simple Absolute)
• NOT in Fee Simple on Executory Limitation

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CORRECTION TO WORKBOOK (Problem 9-11)

• O to A for life, then to B, but if B ever allows
  A to be moved into a nursing home, then to C
• Condition must occur, if at all, while A is
  alive, thus before B gets possession.
• B will eventually get either nothing or a fee
  simple absolute (assuming today)
• B has a vested remainder subject to divestment
  in FS Absolute
• QUESTIONS?

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Alt. Contingent Remainders (1) v. Vested
Remainder Subject to Divestment (2)
(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. Reversion in O. (2) To A for life,
then to B her heirs, but if B dies before 21,
then to C his heirs. (No Reversion in O)
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Alt.Contingent Remainders (1) v. Vested
Remainder Subject to Divestment (2)

• (1) To A for life, then to B heirs if she turns
  21, but if B dies before 21, then to C heirs.
  Reversion in O.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• Both 12 If A alive B dies at 14
• B gets 0
• C gets fee simple at As death

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Alt. Contingent Remainders (1) v. Vested
Remainder Subject to Divestment (2)

• (1) To A for life, then to B heirs if she turns
  21, but if B dies before 21, then to C heirs.
  Reversion in O.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• Both 12 If A alive B turns 21
• B has vested remainder
• Cs interest fails

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Contingent Remainder (1) v. Vested Remainder
Subject to Divestment (2)

• (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. Reversion in O.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• (1) If A dies B not yet 21
• Conditions not met for either B or C. Remainders
  either destroyed or become Springing Executory
  Interests
• O takes Fee Simple on Executory Limitation in
  Modern View (exc. FL)

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Contingent Remainder (1) v. Vested Remainder
Subject to Divestment (2)

• (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. Reversion in O.
• (2) To A for life, then to B her heirs, but if
  B dies before 21, then to C his heirs.
• (2) If A dies B not yet 21
• No requirement that B turn 21 to take possession,
  so B does take possession and has Fee Simple on
  Executory Limitation.
• C still has Shifting Executory Interest that will
  become possessory if B dies before turning 21.

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Contingent Remainder (1) v. Vested Remainder
Subject to Divestment (2)
(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. Reversion in O. (2) To A for life,
then to B her heirs, but if B dies before 21,
then to C his heirs. Questions?
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CORRECTION TO WORKBOOK (Problem 5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.

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CORRECTION TO WORKBOOK (Problem 5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Remainder (follows life estate)
• At First Looks Vested
• Living Ascertainable Person
• No Condition in Clause Creating the Interest
  (Walk to the Punctuation Turn Around )
• BUT

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CORRECTION TO WORKBOOK (Problem 5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Remainder (follows life estate)
• At First Looks Vested
• BUT Condition that follows it does not create an
  interest in anybody else, so must attach to Bs
  remainder
• Comma after B unneeded confusing. ?

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CORRECTION TO WORKBOOK (Problem 5-28)

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Contingent Remainder
• Condition is a Condition Precedent
• See 5-29, which strongly suggests that interest
  in 5-28 is a contingent remainder.
• QUESTIONS?

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COMPARE

• O to A for life, then to B, on condition that B
  has passed the bar.
• A has Life Estate
• B has a Contingent Remainder
• O retains a Reversion
• O to A for life, then to B, on condition that if
  B ever fails the bar, then to C.
• A has Life Estate
• B has a Vested Remainder Subject to Divestment
• C has a Shifting Executory Interest

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SHENANDOAH Problems 4L-4N
APPALACHIAN TRAIL
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SHENANDOAH (4L) 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 ?

43
SHENANDOAH (4L) 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?

44
SHENANDOAH (4L) 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 Remainder (in f.s.)
  (Must Survive Tweety)
• Peggy?

45
SHENANDOAH (4L) 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 Remainder (in f.s.)
• Peggy Alternative Contingent Remainder (in
  f.s.) Only 2 Possibilities
• Tweety survived by children (who take)
• Tweety not survived by children (Peggy takes)

46
SHENANDOAH (4L) 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 Alternative Contingent
  Remainder (in f.s.)
• Peggy Alternative Contingent Remainder (in f.s.)
• Anything Else?

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SHENANDOAH (4L) 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 Remainder (in f.s.)
• Peggy Alternative Contingent Remainder (in f.s.)
• Daffy Reversion (even when alternate contingent
  remainders)

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SHENANDOAH (4L) 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
• Tweetys Children Alternative Contingent
  Remainder (in f.s.)
• Peggy Alternative Contingent Remainder (in f.s.)
• Daffy Reversion (even when alternate contingent
  remainders)

49
SHENANDOAH (4M) 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 ?

50
SHENANDOAH (4M) 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 ?

51
SHENANDOAH (4M) 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 ?

52
Alternative Contingent Remainders
Two contingent remainders for which the event
that causes one to vest will destroy the other.
53
SHENANDOAH (4M) 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.

• When does contingent remainder in Bs children
  vest?

54
SHENANDOAH (4M) 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.

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

55
SHENANDOAH (4M) 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.

• Contingent remainder in Bs children vests when a
  child of Bs 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?

56
SHENANDOAH (4M) 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?

57
SHENANDOAH (4M) 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 rem. (in f.s.) (Not alternate)
• Amanda Reversion

58
SHENANDOAH (4M) 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 Rem. (in f.s.)
  (unborn)
• Jo Contingent Rem. (in f.s.) (Not Alternative)
• Amanda Reversion

59
SHENANDOAH (4M) 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 a child,
Sydney.

• Billy Life Estate
• Sydney?

60
SHENANDOAH (4M) 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 a child,
Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.)
• Subject to Open (B can have more children)
• Subject to Divestment (interest lost if none of
  Bs children survive B)
• Jo?

61
SHENANDOAH (4M) 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 a child,
Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.) Subject to
  Open, Subject to Divestment
• Jo Shifting Executory Interest (in f.s.) (would
  cut off vested remainder)
• Amanda?

62
SHENANDOAH (4M) 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 a child,
Sydney.

• Billy Life Estate
• Sydney Vested Remainder (in f.s.) Subject to
  Open, Subject to Divestment
• Jo Shifting Executory Interest (in f.s.) (would
  cut off vested remainder)
• Amanda Nothing (Reversion divests when 1st
  contingent remainder vests)

63
SHENANDOAH (4N) Clark to Jimmy for life, then
to Lois her heirs, but if Jimmy is survived at
his death by any children, then to such surviving
children their heirs.Jimmy has two children,
Perry Della.

• Jimmy?

64
SHENANDOAH (4N) Clark to Jimmy for life, then
to Lois her heirs, but if Jimmy is survived at
his death by any children, then to such surviving
children their heirs.Jimmy has two children,
Perry Della.

• Jimmy Life Estate
• Lois?

65
SHENANDOAH (4N) Clark to Jimmy for life, then
to Lois her heirs, but if Jimmy is survived at
his death by any children, then to such surviving
children their heirs.Jimmy has two children,
Perry Della.

• Jimmy Life Estate
• Lois Vested Remainder (in f.s.) Subject to
  Divestment
• Js Children

66
SHENANDOAH (4N) Clark to Jimmy for life, then
to Lois her heirs, but if Jimmy is survived at
his death by any children, then to such surviving
children their heirs.Jimmy has two children,
Perry Della.

• Jimmy Life Estate
• Lois Vested Remainder (in f.s.) Subject to
  Divestment
• Js Children Shifting Executory Interest (in
  f.s.)
• Clark?

67
SHENANDOAH (4N) Clark to Jimmy for life, then
to Lois her heirs, but if Jimmy is survived at
his death by any children, then to such surviving
children their heirs.Jimmy has two children,
Perry Della.

• Jimmy Life Estate
• Lois Vested Remainder (in f.s.) Subject to
  Divestment
• Js Children Shifting Executory Interest (in
  f.s.)
• Clark Nothing

68
GRANTS IN (4L) (4M) (4N) ALL TRYING TO DO
SAME THINGS

• To A for life, then
• If A has any surviving children, they take.
• If no surviving children, to B.
• BUT The Precise Wording of Each Grant Creates a
  Slightly Different Set of Interests

69
(4L) (4M) (4N)

• Test Note 4
• Test Will Include Grants Modeled on At Least One
  of These Problems. Ill Ask You to
• Identify the Interests Created and
• Identify the State of the Title as Relevant
  Parties are Born or Die.

70
WARM-UP/REVIEW 2Conditional Interests

• BASICS
• Identifying Defeasible Fees
• Defeasible Fees v. Finite Estate Contingent
  Remainder
• Defeasible Finite Estates
• Future Interests that Follow Defeasible Estates

71
IDENTIFYING DEFEASIBLE FEES
72
IDENTIFYING DEFEASIBLE FEES
73
IDENTIFYING DEFEASIBLE FEES
74
WARM-UP/REVIEW 2Conditional Interests

• BASICS
• Identifying Defeasible Fees
• Defeasible Fees v. Finite Estate Contingent
  Remainder
• Defeasible Finite Estates
• Future Interests that Follow Defeasible Estates

75
DEFEASIBLE FEES
v. (FINITE ESTATES ) CONTINGENT REMAINDERS
76

• DEFEASIBLE FEES
• PRESENT INTEREST IS FEE

• CONTINGENT
• REMAINDERS
• PRESENT INTEREST IS FINITE

77

• DEFEASIBLE FEES
• PRESENT ESTATE CUT OFF IF CONDITION MET

• CONTINGENT
• REMAINDERS
• PRESENT ESTATE TERMINATES NATURALLY

78

• DEFEASIBLE FEES
• FUTURE INTEREST IN EITHER GRANTOR OR GRANTEE

• CONTINGENT
• REMAINDERS
• REMAINDER IN GRANTEE PLUS REVERSION IN GRANTOR

79
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 Reversion
  in Pepe)

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WARM-UP/REVIEW 2Conditional Interests

• BASICS
• Identifying Defeasible Fees
• Defeasible Fees v. Finite Estate Contingent
  Remainder
• Defeasible Finite Estates
• Future Interests that Follow Defeasible Estates

81
Defeasible Finite Estates Examples

• Term of Years on Condition Subsequent
• To Joshua for 20 years, but if he ever passes
  the bar exam, I can enter retake.
• Life Estate on Executory Limitation
• To Richard for life, but to Chris his heirs if
  Chris ever passes the bar exam.

82
WARM-UP/REVIEW 2Conditional Interests

• BASICS
• Identifying Defeasible Fees
• Defeasible Fees v. Finite Estate Contingent
  Remainder
• Defeasible Finite Estates
• Future Interests that Follow Defeasible Estates

83
Defeasible Fees Matching Future Interests
(Accessorizing)

• FEE SIMPLE DETERMINABLE Possibility of Reverter
• F.S. ON CONDITION SUBSEQT Right of ReEntry
• F.S. ON EXECUTORY LIMITATION Executory Interest

84
Defeasible Finite Estates Matching Future
Interests

• Defeasible Finite Estates Necessarily Create Two
  Future Interests
• One cuts off the finite estate if the condition
  is met)
• One follows at the end of the finite estate if it
  terminates naturally (i.e., if the condition is
  not met).
• If One Person Holds Both of These Future
  Interests, They Will Merge Into the Larger
  Interest

85
Defeasible Finite Estates Matching Future
Interests

• Defeasible Finite Estates Necessarily Create Two
  Future Interests
• If One Person Holds Both Future Interests, They
  Will Merge Into the Larger Interest
• Example (4H) Thelma conveys To Louise for 99
  Years if Louise so long live."
• Louise Term of years determinable.
• Thelma Possibility of Reverter plus Reversion

86
Defeasible Finite Estates Matching Future
Interests

• Defeasible Finite Estates Necessarily Create Two
  Future Interests
• If One Person Holds Both Future Interests, They
  Will Merge Into the Larger Interest
• Example (4H) Thelma conveys To Louise for 99
  Years if Louise so long live."
• Louise Term of years determinable.
• Thelma Possibility of Reverter plus Reversion
• ? Reversion (Merger) (Captures idea that T will
  end up with land eventually no matter what)

87
Defeasible Finite Estates Matching Future
Interests

• Defeasible Finite Estates Necessarily Create Two
  Future Interests
• If One Person Holds Both Future Interests, They
  Will Merge Into the Larger Interest
• Example (E79) O To A for life or until A
  divorces, then to B"
• A Life Estate on Executory Limitation.
• B Shifting Executory Interest Vested Remainder

88
Defeasible Finite Estates Matching Future
Interests

• Defeasible Finite Estates Necessarily Create Two
  Future Interests
• If One Person Holds Both Future Interests, They
  Will Merge Into the Larger Interest
• Example (E79) O To A for life or until A
  divorces, then to B"
• A Life Estate on Executory Limitation.
• B Shifting Executory Interest Vested Remainder
• ? Vested Remainder (Merger) (Captures idea that A
  will end up with land eventually no matter what)

89
In 2006, Brian grants Mason-acre to Dolly for
life, then to Jessica so long as she never tries
to sell Mason-acre, otherwise to Mike and Mili.

• At the time of the grant, Jessica has a
• (a) Vested remainder in fee simple determinable.
• (b) Vested remainder in fee simple absolute.
• (c) Vested remainder in fee simple on executory
  limitation.
• (d) Vested remainder subject to divestment.
• Take a moment and try this.

90
In 2006, Brian grants Mason-acre to Dolly for
life, then to Jessica so long as she never tries
to sell Mason-acre, otherwise to Mike and Mili.

• At the time of the grant, Jessica has a
• (a) Vested remainder in fee simple determinable.
• (b) Vested remainder in fee simple absolute.
• (c) Vested remainder in fee simple on executory
  limitation.
• (d) Vested remainder subject to divestment.
• Why is (b) the correct answer?

91
Conditions Additional Information

• Unacceptable Conditions
• Problem 4O
• Shapira
• Timing Issues

92
Unacceptable Conditions

• Conditions So Abhorrent

93
Unacceptable Conditions

• Conditions So Abhorrent
• You Cant Even Impose Them
• on Your Own Children

94
Unacceptable Conditions

• Total Restraint on Alienation

95
Unacceptable Conditions

• In 2006, Brian grants Mason-acre to Dolly for
  life, then to Jessica so long as she never tries
  to sell Mason-acre, otherwise to Mike and Mili.
• Total Restraint on Alienation is Invalid

96
Unacceptable Conditions

• In 2006, Brian grants Mason-acre to Dolly for
  life, then to Jessica so long as she never tries
  to sell Mason-acre, otherwise to Mike and Mili.
• Total Restraint on Alienation is Invalid
• Pencil Out Unlawful Condition (and executory
  interest that turns on it)

97
Unacceptable Conditions

• In 2006, Brian grants Mason-acre to Dolly for
  life, then to Jessica so long as she never tries
  to sell Mason-acre, otherwise to Mike and Mili.
• Total Restraint on Alienation is Invalid
• Pencil Out Unlawful Condition (and executory
  interest that turns on it)
• Result is Vested Remainder in Fee Simple Absolute

98
Unacceptable Conditions

• In 2006, Brian grants Mason-acre to Dolly for
  life, then to Jessica so long as she never tries
  to sell Mason-acre, otherwise to Mike and Mili.
• Exam Question Fall 2007 Spring 2010
• 1st Time Nasty b/c New at End of Test (1/63
  students got it)
• 2d Time (with warning) about 45 got it.
• READ CAREFULLY!!

99
Unacceptable Conditions

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable

100
Unacceptable Conditions

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable
• Most Restrictions Restrain Alienation to Some
  Extent
• If too burdensome/weird could treat as too much
  restraint (b/c nobody will purchase)
• See Casebook at P632-33
• Maybe so long as the owner stays on the parcel
  every night.

101
Unacceptable Conditions

• Total Restraint on Alienation
• Partial Restraint OK if Reasonable
• Most Restrictions Restrain Alienation to Some
  Extent
• Use Restrictions (Only by X?)
• OK if Charitable
• Some jurisd Non-Charitable Unreas. Restraint
  on Alienation

102
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• To Kyley if she murders Matt

103
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• Total Restraint on Marriage Generally Barred
• Some Jurisd Maybe OK if Life Estate
• Some Jurisd allow reasonable partial restraints
• E.g., So long as she doesnt marry until she
  turns 25
• Well explore with Problem 4O Shapira

104
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• Total Restraint on Marriage
• Encouraging Divorce (Evil In-Laws Grant)
• To Lindsay so long as she divorces Doug

105
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• Total Restraint on Marriage
• Encouraging Divorce
• Grant Penalizing Divorce Seems to be OK
• To Lindsay for Life, but if she divorces Doug,
  to Ashley

106
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• Total Restraint on Marriage
• Encouraging Divorce
• Commonly Protected Characteristics
• Race-Based Limitations (Unenforceable)
• Sex-Based Upheld w/in Family
• Religion (Well Discuss w Shapira)

107
Unacceptable Conditions

• Total Restraint on Alienation
• Doing Criminal Acts
• Total Restraint on Marriage
• Encouraging Divorce
• Commonly Protected Characteristics
• QUESTIONS?

108
Conditions Additional Information

• Unacceptable Conditions
• Problem 4O
• Shapira
• Timing Issues

109
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Gloria is not Ediths child.
• Edith moves in with male friend, Sherman.
• Edith then dies, devising all her property to
  Sherman.
• devising means?

110
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Note on Future Interests Created in Wills
• The future interest that is retained by Archie
  (when he grants present interest to Edith) then
  passes to Gloria through the residuary clause.
• For purposes of naming the property rights
  involved, we treat this future interest as being
  held initially by Archie (the grantor), because
  it is not explicitly described as being granted
  to a third party.

111
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Three Qs/Ambiguities I Said Wed Discuss
• Life Estate Determinable v. Fee Simple
  Determinable?
• Is condition restraining second marriage void?
• Does cohabitation violate a restraint on
  marriage?
• Then Well Work Through Decision Tree

112
EXAM TIP Which of the Following Arguments Does
Not Support

• Can Arise in Context of
• Fee Simple v. Life Estate (White, 4o)
• FSD v. FSCS (Mahrenholz, 4i)
• Whether a Condition is Valid (Shapira, 4o)
• Timing Ambiguities (Tomorrow)

113
EXAM TIP Which of the Following Arguments Does
Not Support

• For an Argument to Support a Particular Legal
  Result
• It Must Be Correct and
• It Must Logically Suggest that the Result is More
  Likely or More Desirable Than the Alternative

114
YELLOWSTONE (PROBLEM 4O)
GIANT GEYSER
115
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• (Q1) Arguments Supporting Fee Simple Determinable
  (as opposed to Life Estate Determinable?)

116
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Arguments Supporting FSD Include
• Presumption of Fee Simple if Today
• No Explicit Reference to Life
• No Explicit Gift Over Listed (See White v. Brown)
• Arguments Supporting Life Estate Determinable?

117
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• (Q1) Arguments Supporting Life Estate
  Determinable Include
• Presumption of Life Estate if at Common Law
• Use and Benefit Sounds Like Life Estate (Hard
  to Use Land After Death)
• Condition/Language is Consistent with Intent to
  Provide Shelter/Support for Edith During Her
  Lifetime
• Reasonable to Think Archie would try to Protect
  Gloria (not Ediths daughter)

118
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Caselaw in many states today interpreting for
  use and benefit
• Majority View creates Fee Simple
• Minority View creates Life Estate

119
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Majority View
• E has Fee Simple Determinable
  
• What is Remaining Future Interest in Archie
  (passed to Gloria through residuary clause)?

120
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Majority View
• E has Fee Simple Determinable
  
• A ? G Possibility of Reverter

121
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Minority View
• E has Life Estate Determinable
  
• What is Remaining Future Interest in Archie
  (passed to Gloria through residuary clause)?

122
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• Minority View
• E has Life Estate Determinable
  
• Possibility of Reverter Reversion
• Merges into Reversion

123
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• (Q2) If Edith had never married, condition
  probably would be void as against public policy.
  (Allowed for life estates in a few states)
• Should we treat condition restraining second
  marriage differently from one restraining first
  marriage?

124
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• (Q2) Is condition restraining second marriage
  void as against public policy?
• Policy Concerns As right to control property v.
  Es right to control her life
• Court probably more likely to allow condition if
  it views Es interest as just a life estate for
  support

125
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• (Q2) Is condition restraining second marriage
  void as against public policy? Result
• If not void, nothing changes
• If void, pencil out condition

126
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• If condition void, pencil out condition
• To my wife Edith, for her use benefit,
• so long as she remains unmarried.

127
Yellowstone (4O) Archie in will To my wife
Edith, for her use benefit, so long as she
remains unmarried. Residue to daughter Gloria.

• If condition void, pencil out condition
• To my wife Edith, for her use benefit,
• so long as she remains unmarried.
• Resulting Interests
• Majority E Fee Simple Absolute
• Some E Life Estate G Reversion
• If Void, What Happens when E dies?

128
Yellowstone (4O) Archie in will To my wife E,
for her use benefit, so long as she remains
unmarried. Residue to G. E then dies leaving
all property to S.

• If condition void, resulting interests
• Majority E Fee Simple Absolute
• When E Dies, S gets FSA through Es will.
• Some E Life Estate G Reversion
• When E dies, Life Estate ends, and G has FSA.