Remaining Schedule

Remaining Schedule• Office Hours: 6:30-9 p.m. Deans’ Suite

– E-Mail Qs sent before 9 p.m.

• To be Posted Today– Slides from Today (Probs RSTU)– Suggested Analysis Probs VWX– Exam Instruction Page– Any additional Qs re Book

• Post-Exam -- Check Course Page for:– Memo w Correct Answers & Comments– Info on Picking Up Your Results

TIMING AMBIGUITY

To Andrew for life, then to Brian, but if Cheryl graduates from law school, then to Cheryl.

If Cheryl graduates from law school during Andrew’s life estate, does she divest Andrew’s interest or just Brian’s?

TIMING AMBIGUITY


Common law presumption: If ambiguous, interest won’t divest life estate

TIMING AMBIGUITY


Now generally treated as a question of grantor’s intent.

TIMING AMBIGUITY

To Andrew for life, then to Brian, but if Cheryl graduates from law school, to Cheryl.

To Andrew for life, then to Brian, but if Cheryl has graduated from law school, then to Cheryl.

TIMING AMBIGUITY

To Andrew for life, then to Brian, but if Cheryl graduates from law school, to Cheryl.

To Andrew for life, then to Brian, but if Cheryl has graduated from law school, then to Cheryl.

Verb Tenses suggest immediate for first; at end of life estate for second.

TIMING AMBIGUITY


Andrew is 16; Cheryl is 46.

TIMING AMBIGUITY


Andrew is 16; Cheryl is 46.

Seems unlikely Cheryl will survive Andrew, so this suggests immediate divestment.

TIMING AMBIGUITY

To Andrew for life, then to Brian, but if Andrew graduates from law school, then to Cheryl.

To Andrew for life, then to Brian, but if Brian graduates from law school, then to Cheryl.

TIMING AMBIGUITY

To Andrew for life, then to Brian, but if Andrew graduates from law school, then to Cheryl.

To Andrew for life, then to Brian, but if Brian graduates from law school, then to Cheryl.

No clear reason to punish Andrew for Brian’s life choices.

DEFEASIBLE LIFE ESTATES:TERMINOLOGY: Book p.122

• To A for life, so long as she remains unmarried, then to B & her heirs. – Common Law Presumption: B takes both at end of

life estate & if condition violated– A has Life Estate Determinable– B has Vested Remainder in Fee Simple Absolute

(Executory Interest merges into Vested Remainder)

DEFEASIBLE LIFE ESTATES:TERMINOLOGY: My Preference

• To A for life, so long as she remains unmarried, then to B & her heirs. – When B takes is ambiguous– If B can cut off A, A has Life Estate on Exec. Lim.– Be aware that there need to be two future interests

• One follows life estate• One occurs if condition violated

DEFEASIBLE LIFE ESTATES:TERMINOLOGY: Book p.123-24

• To A for life, but if A marries, then to B & her heirs. – Common Law Presumption: B takes only if

condition violated– A has Life Estate on Executory Limitation– B has Shifting Executory Interest– Grantor retains Reversion

DEFEASIBLE LIFE ESTATES:TERMINOLOGY: My Preference

• To A for life, but if A marries, then to B & her heirs.– When B takes is ambiguous (check circs)– If B only has contingent remainder:

• A has life estate on condition subsequent• Grantor has both right of entry & reversion

Vested Remainders Subject to Open:

The Rule of Convenience

The Rule of Convenience:

Once Someone in the Class Can Take Possession, Nobody New Can

Be Added to the Class.

To Alex for Life, then to Ben’s Children & Their Heirs

• Ben Has 2 Children, Christina & Drew– They have VR subject to open.

• Alex dies– 2 years later, Ben has new child, Ed.– Class closes at A’s death– C & D share fee simple absolute– E has nothing

To Alex for Life, then to Ben’s Children who turn 21 & Their Heirs

• Ben Has 3 Children, Christina (24),Drew (22), Ed (16)– C & D have VR subject to open

• Alex dies, Ed is 18– 2 years later, Ben has new child, Forton– No new class members after A’s death , but E already

in existence– C & D get fee simple subject to partial divestment– E has executory interest; gets f.s, if turns 21– F gets nothing

(R) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35,

to Marni.”: Ambiguities? • R alive or dead?

• M’s interest intended to cut off life estate?

• Condition void?

• Today or “At Common Law”?

(R) AMBIGUITIES

• R alive or dead?• M’s interest intended to cut off life estate?

• Condition void?


(R) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry

before she turns 35, to Marni.”

• R alive, “to my heirs” = contingent remainder

• R dead, “To my heirs” = vested remainder subject to divestment.

(R) AMBIGUITIES

• R alive or dead?


• Condition void?




• M’s interest cut off life estate? – punishes S for early marriage– discourages fortune hunters– maybe concern w Stacy support for Marni– no “then to Marni”– BUT: could have placed right after life estate– Could check for other facts

(R) AMBIGUITIES



• Condition void?• Today or “At Common Law”?



• Partial Restraint on Marriage– Probably OK if only effects remainder (no

harm to S)– Check S’s age

• Not much effect if S is 33• Bigger deal if S is 17

– If void, pencil out interest to M

(R) AMBIGUITIES



• Condition void?




• At Common Law: M’s interest presumed to be in Life Estate

• Today: M’s interest presumed to be in fee



• Example: Condition void, Renee alive:– S: Life Estate– R’s Heirs: Contingent Remainder– R: Reversion– M: Nothing



• Example: Condition valid, cuts off life estate, Renee dead, today:– S: Life Estate on Executory Limitation– R’s Heirs: Vested Remainder in f.s. subj to

divestment– M: Shifting Executory Interest (in f.s.)

(S) Xaviera “to Betsy if it continues to be used as a house of prostitution, but if

not, my heirs can take it.”

Xaviera died, survived by no children or spouse, but by her mother, Yvonne.

Xaviera’s will gave all property to Phil.

Betsy later closed the existing brothel

and replaced it with an ad agency.

(S) Xaviera “to B if it continues to be used as a house of prostitution, but if not, my heirs

can take it.” Ambiguities?

• Condition Valid/Effect of Invalidity

• Heirs take automatically v. must act

• Who is “heir”?

• Ad agency violate grant?

(S) Ambiguities?

• Condition Valid/Effect of Invalidity?• Heirs take automatically v. must act




can take it.”

• Condition Valid/Effect of Invalidity– Depends on jurisdiction (Nevada)– If illegal, pencil out condition “To Betsy”– Must be “Today” b/c of ad agency, so B

would have fee simple absolute– If valid, keep going

(S) Ambiguities?

• Condition Valid/Effect of Invalidity?




(S) Xaviera “to B if it continues to be used as a house of prostitution, but if not, my heirs can take it.” automatically v. must act


can take it.” automatically v. must act

• “continues” sounds like time autom.

• two part grant must act

• “my heirs can take it” sounds like choice must act

• Presumption in favor of FSCS form must act

(S) Ambiguities?



• Who is “heir”?• Ad agency violate grant?

(S) Who is Heir?

• Xaviera died, survived by no children or spouse, but by her mother, Yvonne. Xaviera’s will gave all property to Phil.

(S) Who is Heir?

• Xaviera died, survived by no children or spouse, but by her mother, Yvonne. Xaviera’s will gave all property to Phil.

Yvonne! (No Ambiguity)

(S) Ambiguities?






can take it.”

Valid, Violated

• Autom.: Yvonne has Fee Simple Absolute

• Must Act: Yvonne still has executory interest; must exercise (B retains FS on Exec. Limit.)

(T) A in will: “to B for life, then to D if she turns 21 for life, then to B’s heirs. I leave

the rest of my property to B.”

• Beatrice?



• Beatrice = Life Estate

• Dolly?




• Dolly = Contingent Remainder in L.E.

• B’s Heirs?





• B’s Heirs = Contingent Remainder in f.s. (unascertained)

• Other?





• B’s Heirs = Contingent Rem. in f.s.

• Reversion in A; passes to B in will.

(T) A in will: “to B for life, then to D if she turns

21 for life, then to B’s heirs. [Residue] to B.” B Dies; D is 18

• What now? Check for Destructability Doctrine



• If Destructability Doctrine Applies:– D’s Remainder is Destroyed– Remainder in B’s Heirs Becomes Fee

Simple Absolute in B’s Heirs (D + G + H)



• If Destructability Doctrine Doesn’t Apply:– Reversion becomes FS on Exec. Limitation

• Held by B; Passes through will to IRC

– D has springing exec interest– Remainder in B’s Heirs stays & waits for end

of D’s life

(U) Rob: “to C for his support and benefit so long as the property is not used for commercial purposes, then

to my nephew J and his heirs if J reaches the age of 35.”

C on land writes novels & does deals on phone.

C dies; J is not 35(VERY HARD!!)

(U) Rob: “to C for his support and benefit so long as the property is not used for

commercial purposes, then to my nephew J and his heirs if J reaches the age of 35.”

AMBIGUITIES?

• Life Estate or Fee?

• Condition Violated by Writing/Deal-Making?

• When Does J’s Interest Take Effect?

• Destructability Apply?

(U) AMBIGUITIES







• Life Estate or Fee? – Presumption is fee simple; – Support and benefit sometimes = life estate– “then” clause on J’s interest looks like a

remainder. – Helpful to have more facts about relationship

between R and C.

(U) AMBIGUITIES





“Not Used For Commercial Purposes” Violated by Writing/Dealmaking?

“Not Used For Commercial Purposes” Violated by Writing/Dealmaking?

• Earning Livelihood

• Not Serving Customers or Interfering w Neighbors

• Probably Not Grantor’s Intent


commercial purposes, then to my nephew J and his heirs if J reaches the age of 35.”• If It’s A Fee?

– J has shifting executory interest– Need a future interest to cover violation if J not 35 or if

J dies before 35• Possibility of Reverter in R’s heirs• C maybe has FS Determinable & on Exec. Limitation

– If violation, R’s Heirs take subj to J’s Exec. Interest



• If It’s A Life Estate?

(U) AMBIGUITIES







• If J’s interest intended to both cut off life estate & follow it, then executory interest + contingent remainder, plus reversion in R’s heirs.– Then if violation, R’s heirs take fs on exec lim.

until J is 35– If no violation, J has contingent remainder ( R’s

heirs have reversion at C’s death



• If J’s interest just intended to be a remainder? – If violation, R’s heirs probably take in f.s.a.– If no violation, J has contingent remainder &

R’s heirs have reversion at C’s death



• If J has contingent remainder & R’s heirs have reversion at C’s death?

(U) AMBIGUITIES







• If J has contingent remainder & R’s heirs have reversion at C’s death?– If destructability: R’s heirs have FSA– If not, R’s heirs have FS on EL; J has spring

executory interest

FINAL TEST NOTES

• Lot of Repetition or Alteration of Old Qs

• Double-Check Room

• Arrive Early

• Bring Grading # & Pencils

• Read Carefully– Positives & Negatives– Changes from Old Qs

Remaining Schedule

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