Questions and Answers
What is conveyed to A, and what type of interest does B have if O conveys to A for life then to B and her heirs?
What interest does B have if O conveys to A for life then to B and the heirs of her body?
What happens if O conveys to A for life then to B and her heirs if B attains the age of 21 before A dies?
What does O have if A dies and B dies and O had previously conveyed Blackacre to A and B for life?
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If O conveys Blackacre to A for life and then to B if B gives A a proper funeral, does B have a remainder or an executory interest?
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Is B's remainder vested or contingent if O conveys to A for life and in the event of A's death to B and her heirs?
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What interests are created if O conveys to A for life, then to B for life, then to C and her heirs?
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What is the state of the title if O conveys to A for life then to A's heirs?
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If T devises property to A for life, and on A's death to the children of A, what is the state of the title?
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Is the devise of the remainder to A's children valid or void if A has children at the time of the conveyance?
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Study Notes
Life Estates and Remainders
- O conveys to A for life then to B and her heirs: A holds a life estate; B has a vested remainder in fee simple absolute, and there’s no remainder.
- O conveys to A for life then to B and heirs of her body: A has a life estate; B has a fee tail and there is a reversion to O.
- O conveys to A for life then to B if B attains age 21: A has a life estate; B holds a contingent remainder in fee simple absolute, with a reversion to O if B doesn't turn 21 during A's life.
- O conveys to A for 20 years: This is not a freehold estate, as it limits the duration; O holds a remainder.
- O conveys Blackacre to A for life then to B, who dies: Upon A's death, C inherits a reversionary interest in fee simple absolute from O after A and B's deaths.
Contingent vs. Vested Remainders
- Life estates and future interests classification: A has a life estate; B may have a vested remainder or an executory interest based on specific conditions such as A's survival.
- O conveys to A for life, then to A's children who shall reach 21: A's children hold a contingent remainder; once the eldest, B, reaches 21, this becomes a vested remainder.
- Ownership disputes with children and survivors: Different interests arise when A's children are included or excluded based on conditions of survival.
The Rule Against Perpetuities
- Execution of gifts to unborn children: Vested interests must be determined within defined periods, examining conditions such as the age requirement (e.g., B needing to turn 30).
- Gifts involving groups of people or variables: Interests granted to general groups, such as “A's issue,” face scrutiny under the "create, kill, and count" rule to determine validity.
Specific Case Studies of Property Conveyance
- Multiple Life Estates and Vested Remainders: Legal configurations change based on the remainderman's ability to survive the primary life estate holder, creating various outcomes.
- Executory interests are recognized when tied to future conditions: Springing executory interests arise from explicit conditions needing to be satisfied post-creation.
Miscellaneous Topics
- Contact with the Rule in Shelley's case: Merges interests of life estates and future interests under certain wording conditions.
- Implications of transfers back to grantors: Involves reverter scenarios where A returns their life estate to O, impacting how interests are classified.
- The significance of survivorship in determining future interest validity: Ascertaining which vested rights apply in situations where members of a class might not survive at the time of evaluation, such as grandchildren or additional children beyond those specified.
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Description
This set of flashcards covers concepts related to property law, specifically focusing on life estates and vested remainders. Each card presents a conveyance scenario, prompting the classification of interests and remainders involved. Master the distinctions between different types of property interests with these informative flashcards.
