C. Classifying/System of Estates
14 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

If a remainder is not now ready to become possessory upon the expiration of the preceding estate, what kind of condition may it be subject to?

  • Condition Subsequent
  • Condition Precedent (correct)
  • Condition Divestment
  • Condition Concurrent
  • What distinguishes a Vested Remainder Subject to Open from a Vested Remainder Subject to Divestment?

  • It is vested when one class member is ascertained, with no condition precedent.
  • Later-born children are not entitled to share in the gift.
  • It may be divested by an executory interest. (correct)
  • It requires all class members to be ascertained for vesting.
  • What makes a remainder vested?

  • Subject to a condition precedent
  • Dependent on the natural termination of the preceding estates
  • Given to an ascertained person and not subject to a condition precedent (correct)
  • Given to an unascertained person
  • In what situation does a remainder become contingent?

    <p>Given to an unascertained person</p> Signup and view all the answers

    What defines a vested remainder subject to complete divestment?

    <p>It is vested but subject to a condition subsequent</p> Signup and view all the answers

    What is the defining characteristic of a remainder contingent upon some event occurring?

    <p>Contingent upon some event other than the natural termination of the preceding estates</p> Signup and view all the answers

    In what case does a remainder become vested subject to open/partial divestment?

    <p>When one member of a class is ascertained</p> Signup and view all the answers

    What type of interest does C hold in the example provided (O to A for life, then to B (vested remainder), but if B does not pass the bar, then to C)?

    <p>Shifting executory interest in fee simple</p> Signup and view all the answers

    What type of future interest is created in someone other than the transferor that becomes possessory immediately upon termination of the prior estate?

    <p>Vested remainder</p> Signup and view all the answers

    In what situation is a remainder said to be subject to a condition precedent?

    <p>When it is contingent upon some event other than the natural termination of the preceding estate</p> Signup and view all the answers

    Which type of future interest cannot vest because the beneficiary is unknown or heirs are not ascertainable?

    <p>Contingent remainder</p> Signup and view all the answers

    What must occur before a vested remainder can become a possessory estate?

    <p>An event must occur other than the natural termination of the prior estate</p> Signup and view all the answers

    Which type of future interest is created in someone other than the transferor but does not become possessory immediately upon termination of the prior estate?

    <p>Executory interest</p> Signup and view all the answers

    When does a vested remainder become indefeasible?

    <p>When there is no condition precedent attached to it</p> Signup and view all the answers

    Study Notes

    Remainders

    • A remainder is vested if it is given to an ascertained person and is not subject to a condition precedent (other than the natural termination of the preceding estates).
    • A remainder is contingent if it is given to an unascertained person or is contingent upon some event occurring other than the natural termination of the preceding estates.

    Vested Remainder

    • A vested remainder is one that is ready to become possessory whenever and however all preceding estates expire.
    • Example: O conveys "to A for life, then to B" - B has a vested remainder.

    Contingent Remainder

    • A contingent remainder is one that is given to an unascertained person or is contingent upon some event occurring other than the natural termination of the preceding estates.
    • Example: O conveys "to A for life, then to B if B passes the bar" - B has a contingent remainder.

    Vested Remainder Subject to Complete Divestment/Defeasance

    • A vested remainder subject to complete divestment is one that can be divested if a certain condition occurs.
    • Example: O conveys "to A for life, then to B, but if B does not pass the bar, then to C" - B has a vested remainder subject to complete divestment.

    Vested Remainder Subject to Open/Partial Divestment

    • A vested remainder subject to open or partial divestment is one that can be divested if a certain condition occurs, but only partially.
    • Example: O conveys "to A for life, then to B and her heirs, but if B does not survive A to C and his heirs" - B has a vested remainder subject to open/partial divestment.

    Shifting Executory Interest

    • A shifting executory interest is one that can become possessory only by divesting another's remainder.
    • Example: O conveys "to A for life, then to B, but if B does not pass the bar, then to C" - C has a shifting executory interest.

    Knopf v. Gray (2018)

    • Facts: Vada Wallace Allen left a will devising various properties to her children and instructing that the property be passed down to their children.
    • The will contained a provision devising her land to her son, William Gray, with the condition that Gray maintain the land.

    Life Estate and Remainder

    • A life estate is a future interest created in someone other than the transferor that will become a present estate upon the expiration of all prior particular estates created with it.
    • A remainder is a future interest created in someone other than the transferor that will become a present estate upon the expiration of all prior particular estates created with it.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Description

    Learn about vested and contingent remainders in property law. Understand the criteria that determine whether a remainder is vested or contingent.

    More Like This

    Use Quizgecko on...
    Browser
    Browser