1O held a fee simple absolute in Blackacre. He conveyed, "to A for life". After his conveyance, what interest, if any, does O hold in Blackacre?
reversion
2O conveyed Blackacre "to A for life, then to B and his heirs". Immediately after the conveyance, what interest, if any, does B have in Blackacre?
Indefeasibly vested remainder
3O conveyed Blackacre "to A for life, then to B's children and their heirs". At the time of the conveyance, B has one child, C. Immediately following this conveyance, what interest, if any, does C have in Blackacre?
Vested remainder subject to partial divestment
4O conveyed Blackacre "to A for life, then to B and his heirs. However, if B dies without issue, then to C and his heirs." Immediately following this conveyance, what interest, if any, does B have in Blackacre?
Vested remainder subject to total divestment
5O conveyed Blackacre "to A for life, then, if B is living at A's death, to B in fee simple". Immediately after this conveyance, what interest, if any, does B have in Blackacre?
Contingent remainder in fee simple
6O conveyed Blackacre "to A for life, then to B and his heirs, but if B dies before A, to O and his heirs." Immediately after this conveyance, what interest, if any, does B have in Blackacre?
Vested remainder subject to total divestment
7O conveyed Blackacre "to A for life, remainder to the first daughter of A who produces a child while married". A then died. At A's death, he has one daughter, D, who has not yet married or had a child. O is still alive. immediately after A's death, what is the state of the title of Blackacre? Assume that all common-law doctrines are in force without statutory modification.
O has reversion
8O owned Blackacre in fee simple. He bargained and sold it "to A and his heirs, but if liquor is ever served on the premises, then to B and his heirs". Immediately after this conveyance, what is the state of the title?
Fee simple in A subject to an executory limitation, and a shifting executory interest in fee simple in B.
9What are the three future interests in a grantor?
Reversion, possibility of reverter, and power of termination\/right of entry
10What are the future interests in a grantee?
remainder and executory interest
11What are the three scenarios that cause a remainder to be contingent?
Unborn grantee, unascertained grantee, and grantee's interest is subject to a condition precedent
12List three defeasible fees
Fee simple determinable, fee simple subject to condition subsequent, and fee simple subject to an executory limitation
13List three ways to classify a vested remainder
Absolutely/indefeasibly vested, vested subject to partial divestment, and vested subject to total divestment
14O conveys Blackacre "To A for life, then to B forever"
-A has a life estate
-B has a remainder in FSA (remember "then to B and his heirs" is not required anymore for a FSA)
-O has nothing
15O conveys Blackacre "To A for life, remainder to the children of B." B has one child, C, and B is alive.
-C is B's only child, and the class is closed when B died.
-At the time of the grant, A has a life estate and C has a vested remainder subject to partial divestment (because the class is still open until it dies).
-When B dies, C's remainder becomes indefeasibly vested.
16O conveys Blackacre "to A for life, and then to B and his heirs if B graduates from an accredited law school"
-A life estate
-B has a contingent remainder in FSA.
-O has a reversion.
17O conveys Blackacre "To A for life, and then to B, but if B fails the Texas Bar, then to C"
-A has a life estate
-B has a vested remainder subject to total divestment
-C has a shifting executory interest
-O has nothing
18O conveys Blackacre "To A and her heirs". A's only child, B, runs up large, unpaid bills. B's creditors want to attach B's property to satisfy their claims. Does B have an interest in Blackacre, reachable by B's creditors?
-A has a FSA
-B has no interest in A's estate so it is not reachable by B's creditors, because a living person has no heirs.
-O has nothing.
19O conveys Blackacre "to A for life, but if Oregon State University wins a National Championship in football, O reserves the right to enter and retake the land."
-O has a reversion in fee simple absolute and right of entry
-A has a life estate subject to a condition subsequent.
20O conveys Blackacre "to A for life of B"
-O has a reversion
-A has a life estate pur autre vie
21O conveys Blackacre "to A so long as A does not divorce B, then back to O"
-O has a possibility of reverter
-A has a fee simple determinable
22O conveys Blackacre "to A and her heirs while A refrains from divorcing B"
-O has a possibility of reverter
-A has a fee simple determinable
23O conveys Blackacre "to A, provided that A never drills for oil on the property, but if A drills O retains the right to take the land"
-O has a right of entry/power of termination
-A has a fee simple subject to condition subsequent
24O conveys Blackacre "to A and his heirs for so long as A cares for B on the premises"
-O has a possibility of reverter in fee simple absolute
-A has a fee simple determinable
-Issue with this condition=impermissible restriction on mobility
-B has nothing
25O conveys Blackacre "to A for life or until B graduates from law school, then to B." (B has not graduated yet)
-A has a life estate subject to an executory limitation
-O has a possibility of reverter
-B has a shifting executory interest
26O conveys Blackacre "to A and her heirs so long as the property is never used as a drive-through beer barn"
-A has a FSD
-O has a possibility of reverter
27O conveys Blackacre "to A for 30 years or until A sells the premises"
-A has a term of years determinable
-O has a reversion in fee simple absolute and a possibility of reverter in fee simple absolute
28O conveys Blackacre "to A until 2020 or until A marries" (A is unmarried)
-O has a reversion in Fee Simple Absolute and possibility of reverter.
-A has a term of years determinable.
29O conveys Blackacre "to A for life, then to B if B passes the Texas Bar Exam"
-A has a life estate
-B has a contingent remainder in FSA (because condition precedent)
-O has a reversion
30O conveys Blackacre "to A and her heirs, but if A divorces his current wife, then to B"
-A has a fee simple subject to an executory limitation
-B has a shifting executory interest
-O has nothing
31O conveys Blackacre "to A and her heirs so long as A never uses illegal drugs, but if A uses illegal drugs, then to B"
-A has a fee simple subject to an executory limitation
-B has a shifting executory interest
-O has nothing
32O conveys to Blackacre "to A for life, then to A's child to reach the age of 18". A has no kids.
-A has a life estate
-A's unborn children have a contingent remainder (because unascertainable person)
-O has a reversion
33O conveys Blackacre "to A for life, then to A's first child to reach the age of 18". A is alive and has one child--B--who is 14 years old.
-A has a life estate
-B has a contingent remainder (because unascertainable person or because condition precedent--B's child is not 18)
-O has a reversion
34O conveys Blackacre "to A for 50 years, then to B's children." B is alive and has four children.
-A has a term of years.
-B's four kids have a vested remainder subject to partial divestment (open).
-O has nothing
35O conveys Blackacre "to A for life or until B reaches 25." (B is 15)
-A has a life estate determinable
-O has a reversion and a possibility of reverter
-B has nothing
36O conveys Blackacre "to A for life, but if B wins an Olympic medal, then to B"
-O has a reversion
-A has a life estate subject to executory limitation
-B has a shifting executory interest
37O conveys Blackacre "to A and his heirs if A gets married." A is currently unmarried.
-A has a springing executory interest in FSA.
-O has a fee simple subject to an executory interest..
38O conveys Blackacre "to B for life, then to A if A erects a statute in memory of B within five years of B's death"
-B has a life estate
-A has a springing executory interest in FSA
-O has a reversion in fee simple subject to executory interest (once 5 years are up, O has a fee simple absolute)
39O conveys Blackacre "to A for life, and if B is still solvent one year after A's death, then to B and his heirs"
-A has a life estate
-B has a springing executory interest in FSA
-O has a reversion subject to executory interest
40O conveys Blackacre "to A for life, then to my heirs"
-A has a life estate
-O's heirs have a contingent remainder in FSA (O has no heirs until he dies)
-O has a reversion
41O conveys Blackacre "to A for 10 years and then to the children of C and their heirs, unless C's children ever gamble." C is living and has one child.
-A has a term of years
-C's children have a vested remainder in FSA subject to partial divestment and subject to total divestment (totally--if they gamble; partially--because the class is still open)
-O has a reversion
42To Manard for life and then to Alison and her heirs if she graduates from medical school by the time Manard dies.
-Manard: life estate
-A: contingent remainder (Alison's interest is a remainder because it does not divest Manard's life estate and follows it without any gaps; It is contingent upon a condition precedent because Alison cannot take unless she graduated from medical school by the time Manard dies)
-Allison's contingent remainder subject to RAP. (does not violate because Manard is the validating life and we will know whether Allison's contingent remainder will vest within 21 years after Manard's life)
43To Lauren for life and then to Alex, but if Alex predeceases Lauren, then to Orlando and his heirs.
-Lauren: life estate
-Alex: vested remainder in FSA subject to total divestment
-Orlando: shifting executory interest in FSA
-Orlando's executory interest subject to RAP. Does not violate because we will know within 21 years after Lauren's death whether or not Orlando will take.
44To wife for life, then to son and his heirs, but if son is not yet married, to daughter and her heirs.
-Wife: life estate
-Son: Vested remainder subject to total divestment
-Daughter: shifting executory interest
-Executory interest subject to RAP. Does not violate the RAP because the wife is the validating life and at her death we will know for sure within 21 years whether Harry is married.
45To B and her heirs so long as the property is not used for any commercial purpose, and if the property is used for a commercial purpose, then to Nancy and her heirs.
-B: FS subject to executory limitation
-N: shifting executory interest in FSA
-Shifting executory interest subject to RAP. Violates RAP because B is the validating life and we will not know within 21 years if the land will ever be used for commercial purposes.
-Strike out: "to Becky and her heir so long as the property is not used for any commercial purpose"
-->B: FSD and O: Possibility of Reverter
46To Brad for life and then to Stan and his heirs.
-Brad: life estate
-S: remainder in FSA (because Stan's interest naturally follows Brad's interest without any gaps and it is not subject to any conditions precedent or subsequent)
-No interests subject to RAP
47To Jarrod and his heirs so long as no woman is elected president of the United States, but if a woman is elected president of the United States, then to Lisa.
-Jarrod: FS subject to executory limitation
-Lisa: Shifting executory interest
-Lisa's shifting executory interest subject to RAP (violates RAP because we don't know in 21 years from the lives in being whether or not a woman will be elected president of the United States)
-Result: Jarrod--FSD; O--possibility of reverter
48To Lauren for life and then to Alison's heirs who are at least 25 years old when they become heirs. (Alison is still alive)
-Lauren: life estate
-A's heirs: contingent remainder (Alison's heirs are unascertained)
-A's heirs' contingent remainder subject to RAP (doesn't violate, because we will know immediately upon A's death who her heirs are and whether or not they are 25)
49To Sarah for life and then to George's children who join a basketball team by the time Sarah dies. (George has two children)
-Sarah: life estate
-George's kids: contingent remainder
-Contingent remainder subject to RAP (doesn't violate because we will know within 21 years whether G's kids joined a basketball team)
50To Ted for life, and then to Ted's grandchildren. (Assume Ted is alive and has two grandchildren)
-Ted: life estate
-Ted's grandchildren: vested remainder subject to partial divestment
-Vested remainder subject to partial divestment (Violates RAP because we will not know within 21 years of Ted's life who all of Ted's grandchildren are)
-Strike out: "and then to Ted's grandchildren"
-Result: O has a reversion; Ted has a life estate
51To Manard for one year, this deed to take effect in 3 months.
-Manard: springing executory interest (because Manard's interest will divest the grantor of his interest after some period of time during which no other transferee has a present interest)
-Springing executory interest subject to RAP (does not violate because we will know for sure that the interest will vest in 3 months)